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^ng^ljT-AEBiirbis 



MILITAPiY MEASURES 



OF THE 



United States Congress 



1861-1865. 



BY 



HENRY^WILSON, 

CHAIRlVrAlSf OF THE COIMIMITTEE ON :MILITA.R,Y A-FFAIRS. 



PRINTED FROM ADVANCE SHEETS OF THE REBELLION RECORD. 



D. VAN NOSTEAND, PUBLISHEK, 192 BROADWAY. 

* 1866. 



\H 1 '^ 



Entered, according to Act of Congress, in the year 1866, by 

D. VAN NOSTRAND, 

in the Clerk's Office of the District Court of the United States for the Southern District of New- York. 



CONTENTS. 



""' No. 1. — The Bill to authorize the Employment 
of Volunteers to aid in Enforcing the Laws, and 
Protecting Public Property. July 22, 1861, 1 

No. 2. — The Bill to increase the Military Estab- 
lishment of the United States. July 29, 1861,. . 4 

No. 3. — The Bill providing for the better Or- , 
giinization of the Military Department. August 3, 
1861, 8 

No. 4. — The Act in Addition to " the Act to 
authorize the Employment of Volunteers to aid 
in Enforcing the Laws and Protecting Public 
Property." July 25, 1861, 13 

No. 5. — The Joint Resolution to approve and 
confirm certain Acts of the President of the 
United States for Suppressing Insurrection and 
Rebellion 13 

No. 6. — The Bill to authorize the Secretary to 
reimburse Volunteers for Expenses incurred in 
Employing Regimental Bands, and for other Pur- 
poses. JulySl, 1861, 15 

No. T. — The Bill authorizing the President to 
appoint additional Aids-de-Camp. August 5, 1861, 16 

No. 8. — The Act to promote the Efficiency of 
the Engineer and Topographical Engineer Corps, 
and for other Purposes. August 6, 1861, 16 

No. 9. — The Bill to authorize an Increase in 
the Corps of Engineers and Topographical Engi- 
.neers, August 6, 1861, IV 

No. 10. — The Bill making an Appropriation to 
deliver Arms to Loyal Citizens of Rebel States. 
July31, 1861, , 1*7 

No. 11. — The Act making Appropriations, and 
for other Purposes. August 5, 1861, 17 

No. 12. — The Bill to provide for the Purchase 
of Arms, Ordnance, and Ordnance Stores. August 
3, 1861, 18 

No. 13. — The Act to increase the Pay of the 
Privates of the Army. August 6, 1861, 18 

No. 14. — A Resolution expressing the Sympa- 
thy of Congress for the Bereaved Families and 
Friends of our Soldiers, who have fallen in De- 
fence of the Republic. August 2, 1861, 19 

No. 15. — The Bill to provide for Allotment 
Certificates among the Volunteer Forces. Decem- 
ber 24, 1861, 19 

No. 16. — The Bill relating to Courts-Martial in 
the Army. December 24, 1861, 19 

No. 1*7. — Joint Resolution Expressive of the 
Recognition by Congress of the Patriotic and 
Gallant Services of Brigadier-General Nathaniel 
Lyon, and of the Officers and Soldiers under his 
Command. December 24, 1861, 20 



No. 18. — Bill authorizing the Appointment of 
one or more Assistant Secretaries of War. Jan- 
uary 22, 1862, 20 

No. 19. — The Resolution in Relation to the Al- 
lotment Certificates of Pay to Persons held as 
Prisoners of War in the so-called Confederate 
States. February 6, 1862, 20 

No. 20. — The Bill to provide for the better Or- 
ganization of the Signal Department of the Army. 
February 22, 1862, 21 

No. 21. — The Bill making an Appropriation for 
Completing the Defences of the City of Washing- 
ton, and for other Purposes. February 13, 1862, 21 

No. 22.— The Bill providing for the Promulga- 
tion of an Additional Article of War prohibit- 
ing Officers of the Army from Returning Fugi- 
tives from Service or Labor. March 13, 1862,. . 22 

No. 23. — The Bill to provide for the Appoint- 
ment of Sutlers in the Volunteer Service, and to 
define their Duties. March 19, 1862, 24 

No. 24. — Joint Resolution authorizing the Sec- 
retary of War to accept Moneys appropriated 
by any State for the Payment of its Volunteers. 
March 19, 1862, 27 

No. 25. — The Joint Resolution authorizing the 
President to assign the Command of Troops in 
the same Field or Department to Officers of the 
same Grade, without regard to Seniority. April 4, 
1862, 27 

No. 26.— The Bill to increase the Efficiency of 
the Medical Department of the Army. April 1 6, 
1862, 27 

No. 27.— The Bill to facilitate the Discharge 
of Enlisted Men for Physical Disability. May 14, 
1862, 29 

No. 28. — The Bill to authorize the Appoint- 
ment of Medical Storekeepers. May 20, 1862,. .. 29 

No. 29. — The Bill providing that Company Of- 
ficers of Volunteers should be paid on the Pay- 
Rolls of their Regiment or Company, except when 
on Detached Service. June 18, 1862, 29 

No. 30.— The Bill to limit the Number of Ma- 
jor-Generals and Brigadier-Generals to be ap- 
pointed, 20 

No. 31.— The Bill to provide Additional Medi- 
cal Officers of the Volunteer Service. July 2, 
1862, 30 

No. 32. — The Joint Resolution to encourage 
Enlistments in the Regular and Volunteer Forces. 
June 21, 1862, 30 

No. 33. — The Bill making Appropriations for 
the Support of the Army. July 5, 1862 SI 



CONTENTS. 



PAGE 

No. 84. — The Joint Resolution providing for the 
Presentation of " Medals of Honor " to the En- 
listed Men of the Army and Volunteer Forces, 
who have, or who may distinguish themselves in 
Battle during the present llebellion. July 12, 
1862, 31 

No. 35. — The Bill prohibiting the Confinement 
of Persons in the Military Service of the United 
States in the Penitentiary of the District of Co- 
lumbia. July 16, 1862, 31 

No. 36. — The Joint Resolution to authorize the 
Secretarv of War to furnish extra Clothing to 
Sick and Wounded Soldiers. July 12, 1862, 32 

No. 37. — The Bill to amend the Act calling 
forth the Militia to execute the Laws, suppress 
Insurrection, and repel Invasions. July 17, 1862, 32 

No. 38.— The Bill to define the Pay and Emol- 
uments of certain Officers of the Army, and for 
other Purposes. July 17, 1862, 35 

No. 39.— The Bill to facilitate the Discharge 
of Disabled Soldiers from the Army, and the In- 
spection of Convalescent Hospitals and Camps. 
December 27, 1862, 40 

No. 40. — The Bill to improve the Organization 
of the Cavalry Forces. January 6, 1863, 40 

No. 41. — The Bill to increase the Clerical and 
other Force of the Quartermaster-General's Office, 
and for other Purposes. February 17, 1863,. ... 40 

No. 42. — The Bill to authorize the Raising of a 
Volunteer Force for the Defence of Kentucky. 
February 7, 1863 41 

No. 43.— The Bill to promote the Efficiency of 
the Commissary Department. February 9, 1863,. 42 

No. 44.— The Joint Resolution to facilitate the 
Payment of Sick and Wounded Soldiers in the 
iSospitals and Convalescent Camps. March 3, 
1863, 42 

No. 45.— The BiU for Enrolling and Calling out 
the National Forces, and for other Purposes. 
March 3, 1863, 43 

No. 46. — The Act to amend an Act entitled, 
" An Act to authorize the Employment of Volun- 
teers to aid in Enforcing the Law and Protecting 
Public Property," approved July twenty-second, 
1861. March 3, 1863, 47 

No. 47. — The Joint Resolution giving the 
Thanks of Congress to Major-General William S. 
Rosecrans, and the Officers and Men under his 
Command, for their Gallantry and Good Conduct 
in the Battle of Murfreesboro, Tennessee. March 
3, 1863, 48 

No. 48. — The Bill providing for the Organiza- 
tion of the Signal Corps, 48 

No. 49. — The Bill authorizing the Brevetting 
of Volunteer Officers. March 3, 1863, 49 

No. 50. — The Bill to promote the Efficiency of 
the Corps of Engineers, and of the Ordnance 
Department, and for other Purposes. March 3, 
1863, 49 

No. 51. — The Bill to increase the Number of 
Major-Generals and Brigadier-Generals. March 2, 
1863, 51 

No. 52.— The Joint Resolution of Thanks to 
Major-General Ulysses S. Grant, and the Officers 
and Soldiers who have fought under his Com- 



PAGK 

mand during the Rebellion ; and providing that 
the President of the United States should cause a 
Medal to be struck, to be presented to Major-Gen- 
eral Grant, in the name of the People of the 
United States of America. December 17, 1863,. . 51 

No. 53. — The Joint Resolution to supply in 
part Deficiencies in Appropriations for the Public 
Printing, and to eupply Deficiencies in the Appro- 
priations for Bounties to Volunteers. December 
23, 1863, 52 

No. 54. — The Joint Resolution to drop from the 
Rolls of the Army unemployed General Officers,. 52 

No. 65. — The Joint Resolution expressive of 
the Thanks of Congress to Major-General Joseph 
Hooker, and Major-General George G. Meade, and 
Major-General Oliver 0. Howard, and the Officers 
and Men of the Army of the Potomac. January 
28, 1864, 53 

No. 56. — The Joint Resolution expressive of 
the Thanks of Congress to Major-General Nathan- 
el P. Banks, and the Officers and Men under his 
command. January 28, 1864, 54 

No. 57. — The Joint Resolution expressive of 
the thanks of Congress to Major-General Ambrose 
E. Burnside, and the Officers and Men who had 
fought under him. January 28, 1864, 54 

No. 58. — The Joint Resolution tendering the 
Thanks of Congress to General W. T. Sherman. 
February 19, 1864, 54 

No. 59. — The Bill reviving the Grade of Lieu- 
tenant-Gen eral in the United States Army. Feb- 
ruary 24, 1864 '. 64 

No. 60.— The Bill to amend " the Act for En- 
rolling and Calling out the National Forces." Feb- 
ruary 24, 1864, 56 

No. 61. — The Joint Resolution relative to the 
Transfer of Persons in the Military to the Naval 
Service. February 24, 1864, 59 

No. 62.— The Bill to establish a Uniform Sys- 
tem of Ambulances in the United States. March 

11, 1864, 60 

^- No. 63. — The Bill to amend Section Nine of the 
"Act approved July 17, 1862, " to define the Pay 
and Emoluments of certain Officers of the Army." 
April 9, 1S64, * 61 

No. 64. — The Bill to increase the Rank, Pay, 
and Emoluments of the Provost-Marshal General. 
April 21, 1864, 62 

No. 63. — The Joint Resolution to print the 
Official Reports of the Armies of the United 
States. May 19, 1864, 63 

No. 66. — The Army Appropriation Bill for 
1864. June 15, 1864, 63 

No. 67.— The Bill to increase the Pay of Sol- 
diers in the United States Army, and for other 
Purposes. June 20, 1864, 64 

No. 68. — The Bill to provide for the Examina- 
tion of certain Officers of the Army. June 25, 
1864, 68 

No. 69. — The Joint Resolution to provide for 
the Publication of a Full Army Register. June 
30,1864, 68 

No. 70. — The Bill to provide for the more 
Speedy Punishment of Guerrilla Marauders, and 
for other Purposes. July 2, 1864, 68 



CONTENTS. 



PAGE 

No. 71. — The Bill to provide for the better Or- 
ganization of the Quartermaster's Department. 
July 4, 1864, 69 

No. 72. — The Bill to amend the several Acts 
for Enrolling and Calling out the National Forces. 
July 4, 1864, 71 

No. 73. — The Joint Resolution expressive of 
the Thanks of Congress to the Veteran Soldiers 
who have reenlisted in the Army, 75 

No. 74. — The Bill to increase the Number of 
Cadets in, and to raise the Standard of Admission 
to the Military Academy, 75 

No. 75. — The Joint Resolution tendering the 
Thanks of Congress to Major-General William T. 
Sherman, and the Officers and Soldiers of his 
Command, for their Gallant Conduct in their Bril- 
liant Movement through Georgia. January 10, 
1865, 76 

No. 76. — The Resolution to present the Thanks 
of Congress to Major-General Alfred H. Terry, 
and the Officers and Men under his Command,. . . 76 
"No. 77. — The Joint Resolution to present the 
Thanks of Congress to Major-General Philip II. 
Sheridan, and the Officers and Men under his 
Command, 77 

No. 78. — The Bill to increase the Pay of the 
Officers of the Army, and for other Purposes, ... 77 

No. 79. — The Bill to increase the Efficiency of 
the Medical Corps of the Army, 77 

No. 80.— Army Register, March 2, 1865, 78 



PAQK 

No. 81. — The Bill for the better Organization 
of the Subsistence Department, 78 

No. 82. — The Bill more effectually to provide 
for the National Defence, by Establishing a Uni- 
form Militia throughout the United States, 79 

No. 83. — The Joint Resolution to encourage 
the Employment of Disabled and Discharged Sol- 
diers. March 3, 1865 80 

No. 84.— The Bill to provide for a Chief of Staff 
to the Lieutenant-General Commanding the Ar- 
mies of the United States. March 3, 1865 80 

No. 85. — The Joint Resolution tendering the 
Thanks of Congress to Major-General George H. 
Thomas, and the Army under his Command, .... 80 

No. 86. — The Bill for the better Organization of 
the Pay Department of the Army, 80 

No. 87. — The Bill to incorporate the National 
Military and Naval Asylum, 81 

No. 88. — The Bill to amend the several Acts 
heretofore passed to provide for the Enrolling 
and Calling out the National Forces, 81 

No. 89. — The Bill making Appropriations for 
the Support of the Army for the Year ending 
June 30, 1866, and for other Purposes, 85 

No. 90. — The Joint Resolution to encourage 
Enlistments, by making Free the Wives and 
Children of Colored Soldiers. March 3, 1865, ... 86 

No. 91. — Military Confirmations in the Senate, 88 



MILITARY MEASURES OF CONGRESS. 



No. I. — The Bill to authorize the Emjyloi/ment of 
Volunteers to aid in enforcing the Laws and 
protecting Public Property. 

In pursuance of the Proclamation of the Presi- 
dent, of the fifteenth of April, 18G1, the Tliirty- 
seventh Congress assembled on the fourth of 
July. On the sixth, Mr. Wilson, of Massachu- 
setts, Chairman of the Committee on Military 
Affairs, agreeably to notice given on the first day 
of the session, introduced into the Senate the 
following bills and joint resolution: 

A bill to authorize the employment of vol- 
unteers to aid in enforcing the laws and protect- 
ing public property ; 

A bill to increase the present military establish- 
ment of the United States ; 

A bill providing for the better organization of 
the military establishment; 

A bill for the organization of a volunteer mili- 
tia force, to be called the National Guard of the 
United States ; and 

A joint resolution to ratify and confirm certain 
acts of the President for the suppression of in- 
surrection and rebellion. 

These bills and this joint resolution were re- 
ferred to the Committee on Military Affairs, con- 
sisting of Mr. Wilson, of Massachusetts, Jlr. 
King of New- York, Mr. Baker, of Oregon, Mr. 
Lane, of Indiana, Mr. Lane, of Kansas, Mr. Rice, 
of Minnesota, and Mr. Latham, of California. 
Mr. Wilson also introduced a bill to promote the 
efiflciency of the army, which was referred, on 
motion of Mr. Grimes, of Iowa, to a special 
committee of nine, consisting of Mr. Wilson, Mr. 
Hale, Mr. Sherman, Mr. Powell, Mr. Cowan, Mr. 
King, Mr. Kennedy, and Mr. Ilowe. 

On the eighth of July, Mr. Wilson, from the 
Committee on Military Affairs, reported back the 
bill to authorize the employment of volunteers, 
with amendments. The original bill proposed 
that the President be authorized to accept the 
services of volunteers in such numbers as he 
might deem necessary, and that the sum of four 
hundred millions of dollars be appropriated to 
carr}' the act into effect; that each regiment of 
infantry should have one colonel, one lieutenant- 
colonel, one major, one adjutant, one pajanaster, 
one quartermaster, one surgeon, and one assist- 
ant surgeon, one sergeant-major, one i-egimental 
Quartermaster sergeant, one regimental commis- 



sary sergeant, one hospital steward, two princi- 
pal musicians, and twenty-four musicians for a 
band ; and should be composed of ten companies, 
each company to consist of one captain, one first 
lieutenant, one second lieutenant, one first ser- 
geant, four sergeants, eight corporals, two musi- 
cians, one wagoner, and from sixty-four to eighty- 
two privates; that these forces should be organ- 
ized into divisions of three or more brigades each; 
and each division should have a major-general, 
each brigade should be composed of four or more 
regiments, and should have one brigadier-general ; 
that the President should be authorized to ap- 
point, by and with the advice and consent of the 
Senate, for the command of the forces provided 
for, a number of major-generals, not exceeding ' 
six, and a number of brigadier-generals, not ex- 
ceeding eighteen ; that the officers, non-commis-'" 
sioned ofBcers, and privates should, in all re- 
spects, be placed on the footing, as to paj^ and 
allowances, of similar corps of the regular army, 
and their allowances for clothing be three dollars 
and fifty cents per month ; 

That volunteers who might be wounded or 
otherwise disabled in the service, should be en- 
titled to the benefits which might have been or 
might be conferred on persons disabled in the 
regular service ; and the l-egal heirs of such as 
died or might be killed in service, in addition to 
all arrears of pay and allowances, should receive 
the sum of one hundred dollars ; 

That there should be allowed to each regiment, 
one chaplain, who must be a regular ordained 
minister of a Christian denomination, and who 
should i-eceive the pay and allowances of a cap- 
tain of cavalry ; 

That the general commanding a separate de- 
partment, or a detached army, be authorized to 
appoint a military board or commission of not 
less than three nor more than five officers, whose 
duty it should be to examine the capacity, quali- 
fications, propriety of conduct, and efficiency of 
any commissioned officer of volunteers within 
his department or army ; 

That whenever a regiment of volunteers should 
be mustered into the service, the colonel, lieuten- 
ant-colonel, major, adjutant, and quartermaster 
thereof, should each have the privilege of frank- 
ing any letter from any person belonging, in any 
capacity, to such regiment, not weighing over 
two ounces. 



REBELLION RECORD, 1864. 



On the tenth, the Senate proceeded to the con- 
sideration of tlie bill and the proposed amend- 
ments. The first amendment, anthorizing the 
President to call out five hundred thousand men, 
and appropriating five hundred millions of 
dollars, was agreed to ; but, on motion of ^Ir. 
Sherman, of Oliio, the appropriation was stricken 
out. On motion .of Mr. Rice, of Minnesota, 
the ninth section was so amended as to give 
chaplains the compensation of army chaplains 
instead of captains of cavalry. Mr. Rice then 
moved to strike out the eleventh section, al- 
lowing officers of volunteers to frank soldiers' 
letters. He avowed his willingness to vote an 
allowance of money to each regiment to defray 
postage expenses, but he believed the authorit}'' 
to frank soldiers' letters would lead to great 
abuses. Mr. Wilson opposed the amendment. 
He had franked thousands of soldiers' letters, 
and had done so freely. Mr. CoUamer, of Ver- 
mont, did not think it would add to the expenses 
of the Post-Office Department, and he was op- 
posed to the amendment. Mr. Rice withdrew 
his motion to amend. 

Mr. Ncsmith, of Oregon, said he knew men 
to-day sweating under the epaulets of brigadiers 
and major-generals who could not pass a board 
of any intelligent army officers in the world, if 
they were applicants for the position of first 
lieutenant, and he moved to amend the fourth 
section b}^ adding : 

That the President might select the major-gen- 
erals and brigadier-generals provided for in the 
act, from the line or staff of the regular army ; 
and the officers so selected, should be permitted 
to retain their rank therein. 

Mr. Wilson said the proposition was in har- 
mony with the policy he had advocated. " There 
are," he said, " several officers in the army, of 
great distinction, who would make excellent ma- 
jor and brigadier-generals. I think, and have 
thought, that those men ought to be selected in 
preference to civilians, however eminent they 
may be in talent or character. I shall, therefore, 
vote for this amendment ; and I think that if it 
be sustained, it will enable the President of the 
United States to appoint some major and bri- 
gadier-generals from officers in the regular army, 
reserving to them the places they now hold in 
the army at the end of the contest, and that the 
country will be benefited by such a selection." 
I Mr. Nesmith's amendment was agreed to. 

Mr. Powell, of Kentucky, moved to strike out 
the provision giving the franking privilege, and 
insert an amendment abolishing the franking 
privilege altogether ; but the motion was lost. 
Mr. Saulsbury, of Delaware, moved to strike 
out of the first section "five hundred thousand 
men," and insert "two hundred thousand men." 
*' lie was," he declared, " fearful the Union would 
not be preserved by the mode contemplated in 
this bill, and suggested in the message of the 
President." He would vote men enough to pro- 
tect the Capitol, and defend the States from in- 
vasion, and he believed the force he proposed 
sufficient for that purpose. Mr. Foster, of Con- 



necticut, thought " two hundred thousand men 
too many to make peace, and too few to make 
war." The amendment was defeated — yeas, 
five ; nays, thirty-two. The bill passed the 
Senate. 

On the eleventh, a message was sent to the 
House, on motion of Mr. Wilson, requesting the 
return of the bill. The House having returned 
it, the Senate, on the twelfth, reconsidered the 
vote on its passage. Mr. AVilson then moved to 
strike out the first section, and insert : " That 
the President be authorized to accept the serv- 
ices of volunteers, in such numbers, not exceed- 
ing five hundred thousand, as he may deem 
necessary for the purpose of repelling invasion, 
suppressing insurrection, enforcing the laws, and 
preserving and protecting the public property. 
The volunteers mustered into the service under 
this act, shall serve for the term of three years, 
unless sooner discharged by the President ; but 
nothing in this section shall affect enlistments 
for a shorter period of volunteers already mus- 
tered into the service. Before receiving into 
service any number of volunteers exceeding those 
now called for and accepted, the President shall, 
from time to time, issue his proclamation stating 
the number desired, either as cavalry, infantry, 
or artillery, and the States from which they are 
to be furnished, having reference in any such re- 
quisition to the number then in service from the 
several States, and equalizing, as far as practi- 
cable, the number furnished by the several 
States according to the Federal population." 
And this amendment was agreed to. Mr. Wil- 
son then moved to amend the fourth section by 
adding that " the Governors of the States fur- 
nishing volunteers under this act shall commission 
the field, staff", and company officers requisite 
for the said volunteers ; but in cases where the 
said authorities refuse or omit to furnish volun- 
teers at the call or on the proclamation of the 
President, and volunteers from such States of- 
fer their services under such call or proclamation, 
the President shall have power to accept such 
services, and to commission the proper field, 
staff, and company officers ;" and it was agreed 
to. Mr. Wil'son then moved to reconsider the ' 
vote by which chaplains were to receive the same 
compensation as chaplains in the army, instead 
of the compensation of captains of cavalry. In 
support of the motion, Mr. Wilson maintained 
that the faith of the nation was plighted to chap- 
lains who came out with the regiments mustered 
into service. Mr. Collaraer, Mr. King, Mr. Ten 
Eyck, and Mr. Browning supported the motion, 
and Mr. Sherman, Mr. Johnson, and Mr. Howe 
opposed it ; but the amendment was reconsider- 
ed — ayes, twenty-five ; noes, eleven, and then 
rejected. The bill was then passed — yeas, thir- . 
ty-five ; nays, four. Breckenridge and Powell, 
of Kentucky, and Johnson and Polk, of Missouri, 
voting against it. 

In the House of Representatives, Mr. Blair, 
of Missouri, on the eleventh of Jul\', reported 
from the Committee on Military Affairs, a bill to 
authorize the employment of volunteers, it be- 



DOCUMENTS. 



ing, with some sliglit modification?, the bill in- 
troduced into the Senate on the sixth by Mr. Wil- 
son. On the thirteenth, the House resolved 
itself into a Committee of the Whole for its con- 
sideration, Mr. Dawes, of Massachusetts, in the 
chair. Mr. Allen, of Ohio, moved to strike out 
"three years" and insert "one year," as the 
term of service of the volunteers. He thought 
that, " if, at the end of one j'ear, the triumph of 
the Government over the rebellion was a doubt- 
ful question, some change of polic}' might be re- 
quired of the Government." The amendment 
was opposed by Mr. Blair, and rejected. Mr. 
Blair moved to strike out five hundred million 
dollars, as specific appropriations for the sup- 
port of the army had already passed the House. 
Mr. Cox, of Ohio, desired to know why it was 
proposed to increase the appropriation from four 
hundred million dollars, recommended by the 
President, to five hundred million dollars. Mr. 
Blair replied that it was the desire of the Com- 
mittee " to strengthen the Government in put- 
ting down this unrighteous rebellion." Mr. Bur- 
nett, of Kentucky, desired to know if the sums 
appropriated were necessary to maintain the 
army proposed to be raised for a year. Mr. Blair 
believed it would not. Mr. McClernand, of 
Illinois moved to amend the bill by reducing the 
sum one hundred million dollars. Mr. McKnight, 
of Pennsylvania, desired to modify the amend- 
ment so as to reduce the number of men from 
'• five hundred thousand " to " four hundred 
thousand." Mr. Pendleton, of Ohio, opposed the 
amendment proposed by Mr. McKnight to the 
amendment proposed by Mr. McClernand. Mr. 
Diven, of New-Yoi'k, declared his readiness to 
vote a million of men if half a million were not 
sufficient. Mr. McClernand was willing to give 
the amount of men and money required by the 
Executive responsible for the use of men and 
money. Mr. Moorhead, of Pennsylvania, was 
opposed to the proposition ; he was for five hun- 
dred thousand men, five hundred millions dol- 
lars. Mr. Harding, of Kentucky, declared that 
Kentucky would give men and money to defend 
the Constitution, but he would " not vote one 
dollar for subjugation." Mr. Hickman of Penn- 
sylvania, said there could be "no loyalty with- 
out submission, and these men were to be taught 
bj'' a strong hand that they are to pay the same 
regard to the Constitution and the laws as com- 
moner people are forced to render to them. 
These men believe that they have a right to de- 
clare themselves out of the pale of legitimate 
government whenever it .shall suit their interests 
to do so, or whenever it shall be in accordance 
with the lead of their passions to do so. We, 
the people of the North, of the loyal States, and 
all who act with the North, intend to educate 
these men in a different doctrine ; and if we 
shall eventually be forced to bring them into 
subjection — abject subjection to the Constitution 
of the United States — it will be their fault and 
not ours." Mr. Campbell, of Pennsylvania, would 
give the Executive all the power — even a super- 
abundant power — in this great crisis of the na- 



tion's fiite. " He would darken the ocean with 
our fleets, and cover the land with our armies." 
Mr. Cox, of Ohio, would vote for Mr. McCler- 
nand's amendment ; he would vote what was re- 
quired " to enable the Executive to sustain the 
Government — not to subjugate the South." Mr. 
Burnett, of Kentucky, declared the object of the 
war to be the subjugation of the Southern States. 
Kentucky had refused to give men when called 
for, to protect the Capitol, and the Legislature 
had nearly unanimously indorsed the action of 
the Govei-nor. Mr. McKnight's motion to amend 
Mr. McClernand's amendment was rejected ; and 
I\rr. McClernand's amendment was lost — only 
forty-seven voting for it. The clause appropriat- 
ing five hundred millions, dollars was stricken out 
of the bill. Mr. Vallandigham, of Ohio, moved 
to add a proviso : " That before the President 
shall have the right to call out any more volun- 
teers than are alread}^ in the service, he shall ajv 
point seven commissioners, whose mission shall 
he to accompany the army on its raarcli, to re- 
ceive and consider such propositions, if any, as 
may at any time be submitted from the Execu- 
tive of the so-called confederate States, or of any 
one of them, looking to a suspension of hostili- 
ties and the return of said States, or any one 
of them, to the Union, and to obedience to the 
Federal Constitution and authority." He de- 
clared that he offered the proposition in good 
faith ; he would " suspend hostilities for present 
negotiation to try the temper of the South." 
Mr. Wright, of Pennsylvania, emphatically de- 
clared that the proposition held " out to rebel- 
lious men a reward for their treason." Mr. Hutch- 
ins, of Ohio, moved to amend the proposition so 
that those commissioners should " see that the 
war is vigorously prosecuted to the effectual 
putting down of this rebellion." Mr. Vallandig- 
ham declared he had moved his amendment " to 
be read hereafter, and to be read and pondered 
by the people." Mr. Hutchins's amendment was 
lost ; forty-four members only voting for it, and 
Mr. Vallandigham's amendment was then re- 
jected, only twenty-one members voting for it." 
On motion of Mr. Curtis, of Iowa, the bill was 
so amended as to give the President authority 
to raise troops and appoint officers for them 
whenever the State authorities should neglect or 
refuse to do so. Mr. Diven, of New- York, 
moved to amend the fourth section so as to re- 
quire the major-generals to be selected from 
persons educated at West-Point, or fi-oin persons 
who have served in the regular army not less 
than five years. Mr. Shillabarger, of Ohio, moved 
to add, " or who shall have, by actual service in 
war, shown efficiency and capacity for such com- 
mand." The amendment to the amendment was 
agreed to, and then the amendment of Mr. Diven 
was rejected. 

Mr. McClernand moved that the commander 
of a brigade shall have power to appoint a Ro- 
man Catholic chaplain for his brigade when no 
regiment in the brigade shall have such chaplain, 
but the amendment was rejected. Mr. Vallan 
digham proposed to strike out "Christian de 



REBELLION RECORD, 1864. 



nomination," and insert " religious society," but 
the amendment was lost. 

Mr. Colfax, of Indiana, moved to strike out 
the eleventh section giving colonels, lieutenant- 
colonels, majors, adjutants, and quartermasters 
of volunteer regiments authority to frank sol- 
diers' letters, and insert: "That all letters 
written by the soldiers in the service of the 
United States may be transmitted through the 
mails without the prepaj-ment of postage, under 
such regulations as the Post-Officc Department 
may prescribe ; the postage thereon to be paid 
by the recipient." Mr. Van Wyck, of New-York, 
moved as a substitute : " That the colonel of eve- 
jy regiment now or hereafter to be in the service 
of the United States, shall appoint the chaplain 
of his regiment, and in case there be no chaplain, 
then any person he may deem competent, to act 
as postmaster for the regiment, whose duty it 
shall be, without receiving, or being entitled to 
any compensation therefor, to frank with his 
name all letters and papers not weighing over 
one ounce for all officers, musicians, or privates 
in said service. All letters and papers so franked 
shall be carried free of postage : That any letter 
or paper directed to any officer, musician, or 
private in said service, addressed to the regiment 
to which such person belongs, shall be carried 
free of postage in all mails or boxes put up to 
receive letters and papers to be carried to the 
post-offices or mails of the United States : That 
all letters and papers directed to any officer, mu- 
sician, marine, or sailor, in the service of the 
United States, directed to the station or ship 
where he may be serving, shall be carried free of 
postage in all the mails and boxes put up for the 
purpose of receiving letters and papers to be 
carried to the post-offices and mails of the 
United States : That the appointment referred to 
in the first section of this act shall, by said post- 
master, be filed in the office of the Postmaster- 
General. 

Mr. Van "Wyck's amendment was rejected, and 
then Mr. Colfax's amendment was adopted. 

Mr. Burnett offered as a proviso to be added 
to the end of the bill : " That the military force 
hereby provided for in this act, shall not be em- 
ployed in subjugating and holding as a conquer- 
ed province any sovereign State now or lately 
one of the United States." 

The amendment was rejected. Mr. Burnett 
demanded the yeas and nays on the passage of 
the bill ; but they were not ordered, and the bill 
passed without a division. 

On the sixteenth, Mr. Blair, from the Commit- 
tee on Military Affiiirs to whom the House had 
referred the Senate bill to authorize the employ- 
ment of volunteers, reported with an amendment 
as a substitute — the amendment being substan- 
tially the House bill. The amendment was 
agreed to, and the bill passed. 

In the Senate, on the seventeenth, on motion 
of Mr. Wilson, the Senate disagreed to the 
amendment of the House. The House insisted 
on its amendment — asked for a committee of 
conference, and Mr. Blair, of Missouri, Mr. Olin, 



of New York, and Mr. Wright, of Pennsylvania, 
were appointed managers. The Senate insisted 
on its disagreement, and appointed Mr. Wilson, 
of Massachusetts, Mr. Ten Eyck, of New Jersey, 
and Mr. Rice, of Minnesota, managers. On fhe 
eighteenth, Mr. "W^ilson, from the Committee of 
Conference, reported that the House of Repre- 
sentatives recede from its amendment to the 
bill, except the eleventh and twelfth sections, 
and agree to the bill of the Senate with the 
following amendments : " Strike out the pre- 
amble, and in lieu thereof insert as follows: 
'Whereas certain of the arsenals, custom-houses, 
navy-yards, and other property of the United 
States have been seized, and other violations of 
law have been committed and are threatened by 
organized bodies of men in several of the States, 
and a conspiracy has been entered into to over- 
throw the government of the United States : 
Therefore ;' and in line nine, of section one, after 
the word ' propert}^' strike out as follows, 
' The volunteers mustered into service under 
this act shall serve for three years, unless sooner 
discharged by the President ; but nothing in 
this section shall affect enlistments for a shorter .^f,^ 
period of volunteers already mustered into ser- <^ 
vice;' and in lieu thereof insert: ''Provided, iy 
That the services of the volunteers shall be for 
such time as the President may direct, not 
exceeding three years nor less than six months, 
and they shall be disbanded at the end of the 
war ; and all provisions of law applicable to 
three years volunteers shall apply to two years 
volunteers, and to all volunteers who have been 
or may be accepted into the service of the 
United States, for a period not less than six 
months, in the same manner as if such volun- 
teers were speciallj' named.' " 

" That the Senate recede from its disagreement 
to the eleventh and twelfth sections of the 
amendments of the House of Representatives, 
and agree thereto." 

The report was concurred in. 

The House concurred in the report of the 
Conference Committee made by Mr. Blair, and 
the bill introduced by ^Ir. Wilson on the sixth 
July passed on the eighteenth, and was approved 
by the President on the twentj^-second of July, 
1861. 

No. II. — The Bill to increase the Military Es- 
tahlishment of the United States. 

In the Senate, on the sixth of July, 18G1, Mr. 
Wilson, of Massachusetts, agreeably to notice 
given on the first day of the session, introduced 
a bill to increase the regular army. The bill 
provided, that there be added to the regular 
army nine regiments of infantrj^ one regiment of 
cavalry, and one'i-egiment of artillery ; each re- 
giment of infantry to consist of not less than 
two, nor more than three battalions ; each bat- 
talion to consist of eight companies, each com- 
pany to consist of one captain, one first and one 
second lieutenant, one first sergeant, four ser- 
geants, eight corporals, two musicians, and as 



DOCUMENTS. 



many privates, not exceeding eighty-two, as the 
President may direct. The regiment of cavalry 
to consist of not more than three battalions, of 
not more than two squadrons each, and each 
squadron of two companies, of seventy-two pri- 
vates each. The regiment of artillery to consist 
of not more than twelve batteries ; each battery 
to have as many privates as the President might 
direct, not exceeding one hundred and twenty- 
two. 

That the field and staff commissioned officers 
should be to each regiment of infantry, one col- 
onel, one lieutenant-colonel, one regimental ad- 
jutant, one regimental quartermaster and com- 
missary, and to each battalion of infantry, one 
major, one battalion adjutant, one battalion quar- 
termaster and commissary ; the regimental and 
battalion adjutants, and quartermasters and com- 
missaries, to be taken from the lieutenants of the 
regiments and battalions respectively. To the 
regiment of cavalr}^ one colonel, one lieutenant- 
colonel, one regimental adjutant, one regimental 
quartermaster and commissar)^ and to each bat- 
talion of cavalry, one major, one battalion ad- 
jutant, one battalion quartermaster and commis- 
sarj. To the regiment of artillery, one colonel, 
one heutenant-colonel, one major to every four 
batteries, one adjutant, one regimental quarter- 
master and commissary, to be taken from the 
lieutenants of the regiment. 

That there be four major-generals, with three 
aids-de-camp each, to be taken from captains or 
lieutenants of the army, and six brigadier-gen- 
erals, with two aids-de-camp each, to be taken 
from the lieutenants of the army. 

That the officers and enlisted men were to re- 
ceive the same pay, emoluments, and allowances, 
and be on the same footing, in every respect, 
with those of corresponding grades and corps 
now in the regular service. 

That the President be authorized to add to the 
regiments of dragoons, mounted riflemen, caval- 
ry, artillery, and infantrj^ of the regular army, 
as many officers and enlisted men as might make 
their respective organizations the same as those 
of the additional regiments, and that the com- 
missions of the officers of the old regiments who 
might be promoted should bear equal date with 
those of officers promoted to the additional re- 
giments. 

That the term of enlistments made and to be 
made in the years eighteen hundred and sixty- 
one and eighteen hundred and sixty-two in the 
regular army, be for the period of three years, 
and those to be made after January one, eight- 
een hundred and sixty-three, to be for the term 
of five years. 

On the ninth, Mr. Wilson, from the Committee 
on Military Affairs, reported back the bill with 
an amendment, striking out the provision giving 
authority to the President to add to the old re- 
giments as many officers and men as might make 
their organizations equal to the additional regi- 
ments authorized by the act. 

On motion of Mr. Wilson, the Senate, on the 
thirteenth, proceeded to the consideration of the 



bill, and the amendment proposed by the Mili- 
tary Committee was adopted. Mr. King, of New- 
York, moved to amend the bill, by adding, that 
the increase of the force authorized by the act 
was declared to be for service during the insur- 
rection, and six months after organized resist- 
ance should exist, the military establishment 
should be reduced to the number, grade, rank, 
and pay, authorized by law, on the first day of 
May, 18G1, and the amendment was agreed to. 
Mr. King then proposed to amend, by adding, 
that the President should cause regiments, bat- 
talions, and companies to be disbanded, and offi- 
cers to be discharged, so as to reduce the army 
as provided for in the amendment. Mr. Harris, 
of New-York, expressed his surprise that the 
Senate should strike what seemed to him so fatal 
a blow to this measure of the administration. 
He thought officers of the old regiments would 
not take commissions in the new regiments, with 
the understanding that they were to be dis- 
charged at the end of the war. The amendment 
was agreed to. 

Mr. Nesmith, of Oregon, moved that the bill 
be amended by adding that no person should be 
commissioned as major or brigadier-general in 
the regular army who should not have previously 
served for the period of ten years in the regular 
or volunteer army of the Unitdd States ; and no 
person should be commissioned as colonel, lieu- 
tenant-colonel or major in the regular army, who 
should not have previously served at least two 
years in the regular or volunteer army of the 
United States. 

Mr. Wilson expressed the hope that the Senate 
would reject this amendment. Mr. Nesmith 
said, the ol ject of the amendment was to exclude 
persons from civil life who have never had any 
military experience. " Ten years," he said, 
" was the shortest period in which any man can 
acquire the information necessar}^ to qualify him 
to command in the army as brigadier or major- 
general." This amendment was rejected. Mr. 
Nesmith then moved, that, whenever the public 
service might require the appointment of any cit- 
izen to the regular army, a board of officers should 
be instituted, before which the applicant should 
appear for examination into his physical ability, 
moral character, attainments, and general fitness 
for the service. Mr. Nesmith thought that mili- 
tary knowledge was not attained by inspiration. 
Men must get it through study, experience, and 
service in the field. " The regulations," he said, 
" contained the principle of the amendment. 
Every thing has to be examined and present 
some qualifications for its position in the army, 
except the general officers who are to lead the 
army." Mr. Wilson said : " There were to be 
eight hundred and fifty officers in these regi- 
ments. It was arranged that one half of the of- 
ficers should be taken from the old regiments. 
Nine of the eleven colonels had been taken from 
the army, one of the others had served in the 
field, and the other was adjutant-general of 
Ohio. One half of the captains and fiist lieute- 
nants were to be taken from the old army, and 



6 



REBELLION RECORD, 1S64. 



the second lieutenants were to be promoted from 
the ranks. Thousands of the young men of the 
country from law-schools and colleges were ap- 
plying" for commissions, and the Government 
could select young men of talent and character. 
There never was a time in the history of the 
country when men of talent, men of culture, 
men of experience, men of fortune, men who 
have mastered all that could be mastered in the 
colleges and institutions of learning of the coun- 
try, are seeking, as they are now seeking, ad- 
mission into the army. Mr. Nesmith desired to 
know wliy the regulation requiring a person 
from civil life to be examined by a board of offi- 
cers had not been complied with. Mr. Wilson 
roi)lied, that " the object was to get a military 
force into the field as speedily as possible, and 
the Ciovernment was, of course, compelled, by 
the exigencies of the service, by the condition of 
the country, to do in this case, what it was com- 
pelled to do in some other cases — disregard 
forms and regulations." Mr. Wilson said, that, 
in lieu of the regulations, the colonels who were 
mostly army officers, had been directed to ex- 
amine the cases of line officers when they report 
for duty, and if they were disqualified, to report 
them to the department, and their commissions 
would be withheld. Mr. Latham, of California, 
thought a degree of partiality was shown in the 
appointments that was creating discontent in 
arm)^ Mr. Wilson was aware that some dissatis- 
faction had been created by departing from the 
rule of seniority in the appointments. The de- 
sire had been to take officers who were fitted for 
responsible positions to make the army most ef- 
fective. " This army of ours," he said, " is para- 
lyzed toward the head. Your ablest officers are 
5'oung captains and lieutenants ; and if I wished 
to-daj' to organize a heavy military force, such 
as we are calling into the field, I would abolish 
the army as the first act, and I then would take 
officers from the army, and place them where 
their talents fit them to go, without reference to 
the rank they occupied in the old regiments. 
There are men who are field-officers, that ought 
to be second lieutenants ; and there are second 
lieutenants who would make generals. That is 
the condition of our army to-day ; and the nearer 
you come toward the head, until you reach per- 
haps the distinguished commander of the army, 
the less ability you have." Mr. Nesmith's amend- 
ment was rejected. 

Mr. Nesmith moved to strike out "three 
years," and insert "five j-ears," for enlistments 
in 18(51 and 18G2. He moved the amendment, 
he said, to secure uniformity in enlistments. He 
thought, if there had been a loyal army, these 
difficulties would never have occurred. " No 
man here," he declared, " will live to see a 
smaller standing army than the army we have 
to-day, with the increase for which this bill pro- 
vides." Mr. Lane, of Kansas, " hoped the Senator 
from Oregon would not persist in his amendment. 
Men prefer a three years' to a five years' service. 
The argument in favor of the three years' enlist- 
ment is this, that by it you can fill up the regi- 



ments in time for service in the present war; 
without it, you cannot ; if it is insisted upon, 
the armj'- cannot be enlisted." The amendment 
was rejected. 

Mr. Grimes, of Towa, proposed to amend the 
bill by adding : " In selecting and appointing 
officers from the army into regiments hereby 
created, the relative rank by them held in the 
army shall be preserved." Mr. Fcssenden, of 
Maine, thought this amendment would not effect 
the object. Mr. Lane, of Kansas, said, "Confu- 
sion would ensue in the new regiments by the 
adoption of the amendment," and it was with- 
drawn. Mr. Doolittle thought some provision 
ought to be inserted in the bill to secure officers 
going into the new regiments, their rights as of- 
ficers of the army. Mr. Wilson said, there could 
be no such provision, for, when officers leave the 
old regiments and go into the new, their places 
are immediately supplied by new nominations. 
He agreed with Mr. Nesmith that we should 
never live to see the army brought back where it 
then was. He was willing to trust the Congress 
that would be there at the end of the contest. 
The bill with the amendments was then reported 
to the Senate. Mr. Fessenden moved to amend 
Mr. King's amendment providing for the reduc- 
tion of the army six months after the rebellion 
should cease, by inserting, " one year," instead 
of " six months." Mr. King expressed his will- 
ingness to accept the amendment. Mr. McDou- 
gall, of California, was opposed to the amend- 
ment proposed by Mr. King. He believed it 
would be economy to increase permanently the 
army. He believed it desirable for the morale 
of the force to be added. We should have better 
officers ; men who propose to devote themselves 
for their lives to the profession of arms. Mr. 
Foster, of Connecticut, was opposed to Mr. 
King's amemlment. " It is assuming what we 
have not the foresight to determine. Let to- 
morrow take care of itself Let us be wise to- 
day, and not attempt to be wise for to-morrow ; 
for to-morrow may bring exigencies, and must 
bring exigencies, about which we know nothing 
to-day." Mr. Rice believed, "as a measure of 
economy, the army should be increased." 

On the fifteenth, the Senate resumed the con- 
sideration of the bill, and Mr. Fessenden's amend- 
ment to Mr. King's amendment was agreed to. 
The question recurring on Mr. King's amend- 
ment as amended, Mr. Wilson said, he was op- 
posed to the amendment, but upon its being 
pressed by Mr. King, wishing to obtain a united 
vote, he had said he would not resist it ; but 
upon further reflection he must change the as- 
surance then given, and oppose it. " Congress," 
he declared, " would be as wise one year after 
we have put down the rebellion as they were to- 
day." ^Ir. Hariis, of New-York, said the mea- 
sure of increasing tiie army had been entered 
upon as an administration measure. The adop- 
tion of the amendment would be " virtuall)^, 
practically, indirectly to defeat this measure of 
the administration, for, I maintain, tiiat, if this 
amendment be adopted, we convert these regi- 



DOCUMENTS. 



ments into volunteer forces." Mr. Hale, of New- 
Hampshire, had always been " opposed to an in- 
crease of the army and in fiivor of the diminu- 
tion of it," but he thought, " it would be most 
unwise to engraft such an amendment as this on 
the bill at this time." Mr. Grimes did not be- 
lieve we required a large standing arm}^ '' I be- 
lieve," he said, " with my ancestors, that stand- 
ing armies are hostile in their tendency and ef- 
fect on republican governments ; that they are 
provocative of wars ; and I am not willing to 
say to the people of my section of the country 
that they are hereafter to support a larger stand- 
ing army than that which is now authorized by 
law. It is not for us to dampen the ardor of the 
people at home whom we represent, by telling 
them that hereafter, if they support this war, 
and support the administration, they are to have 
fastened upon them a large standing army of 
forty-three thousand men." Mr. Wilson said : 
"The country understands its own interests, and 
when this contest is closed, the public burdens 
will be such, the taxation will be such, that the 
people will seek all proper ways to reduce their 
expenditures ; and if there is a man in the army 
more than they want, they will strike that man's 
name froni the rolls. Believing that the people 
then will know what they want, what their own 
interests require, and that they will be just as 
competent to decide this question as we are to- 
day, I choose to leave the question with them." 
Mr. Howe, of Wisconsin, moved to amend Mr. 
King's amendment, by striking out the words, 
" shall be reduced to the number, grade, rank, 
and pay authorized by law on the first of May, 
1861," and insert, " may be reduced in such man- 
ner as Congress may direct." Mr. Plowe believed 
the country required an addition to the standing 
army to protect the additional miles of frontier, 
the new routes of communication, and the rela- 
tions with the Indian tribes within the borders. 
Mr. Howe's amendment to Mr. King's amend- 
ment was agreed to. The question recurring on 
Mr. King's amendment as amended, it was re- 
jected. Mr. King remarked that his second 
amendment was only a part of the first, and 
with the ftxilure of the first, it, of course, falls, 
and the amendment was rejected. 

Mr. Johnson, of Tennessee, demanded the 
yeas and nays on the question of increasing the 
standing army. Mr. Grimes moved a recon- 
sideration of the vote rejecting Mr. King's amend- 
ments, as he wanted to record his name against 
the permanent increase of the standing army. 
Mr. King hoped they would be unanimously re- 
considered, and they were so reconsidered. The 
question recurring on the amendments as amend- 
ed, Mr. Grimes demanded the yeas and nays, 
and they were ordered. The question, being 
taken by yeas and nays, resulted — yeas, twent}^- 
three ; nays, eighteen. Mr. King suggested that 
the second amendment ought not to be adopted, 
and it was rejected. The bill as amended was 
then passed without a division. 

In the House of Representatives, on the fif- 
teenth of July, Mr. Blair reported from the Mili- 



tary Committee a bill to increase the efficiency 
of the volunteer forces of the United States. 
On the sixteenth, the House, in Committee of 
the Whole, proceeded to its consideration. This 
bill was in substance the Senate bill to increase 
the military establishment, introduced on the 
sixth of July, by Mr. Wilson, and which passed 
the Senate on tlie fifteenth. It converted the 
eleven regiments into a volunteer force. It pro- 
vided that the enlistments for these regiments 
should be under the charge of the. officers ap- 
pointed from civil life, and that the officers ap- 
pointed from the army should be detailed for 
service in the volunteer regiments in the field. 
Mr. Blair stated that the Military Committee of 
the House unanimously dissented' from the re- 
commendation of the Secretary of War ; they 
did not consider that there was any occasion to 
increase the military establishment ; but as some- 
thing had been done to organize the new regi- 
ments, the Committee had stripped the organiza- 
tion of that feature which alone made it repug- 
nant to a free people — that of establishing a 
large standing army. Mr. Burnett, of Kentucky, 
declared that " the President has exercised 
powers that would have deprived any despot in 
Europe of his crown, if he had dared to do it." 
As one of the representatives of Kentucky, he 
protested against that State being called upon to 
furnish one man or one dollar of money to carry 
on the M'ar. Mr. Holman, of Indiana, declared 
that Mr. Burnett, and especially Mr. Vallandig- 
ham, misapprehended the spirit of the country. 
" There never was a day or hour when the peo- 
ple intended to submit to the overthrow of the 
Union. Their moderation and forbearance be- 
came the great occasion ; and in it I see the evi- 
dence of an unwvavering purpose, the anchor of 
enduring hope. If in this emergency the ad- 
ministration had hesitated, the storm of indigna- 
tion, irresistible as the sand-storm on the L3-bian 
desert, would have swept it away. If question- 
able powers have been assumed, it was at the 
demand of public opinion. The overwhelming 
necessit3% the safety of the capital, the safety of 
the public honor, the safety of the Union, and 
more than all, the safety of the public liberty, 
may be urged at least in extenuation. For it is 
an ancient maxim, older than the Constitution, 
that 'the safety of the people is the supreme 
law.' " Several slight amendments were agreed 
to in the Committee of the AYhole, and concurred 
in by the House, and the bill was then passed 
without a decision. On the eighteenth, Mr. ^ 
Blair, from the Committee on Military Affairs, re- 
ported the Senate bill to increase the regular 
army, with an amendment as a substitute— the 
amendment being the House bill converting the 
regiments from regulars into volunteers. The 
substitute was adopted. 

On the twenty-second, the Senate proceeded 
to the consideration of the House amendment. 
Mr. Wilson declared that the amendment effect- 
ually destroyed the measure, and if it was sus- 
tained by the Senate, the bill had better be at 
once abandoned. Mr. King supported the House 



8 



REBELLION RECORD, 1864. 



amendment. Mr. McDougall was not satisfied 
with the bill as it passed the Senate, deeming it 
inadequate to the wants of the countrj', but he 
was less satisfied with the amendment of the 
House. The Senate refused to concur in the 
House amendment. 

The House, on the twenty-third, insisted on 
its amendment, asked a conference, and appoint- 
ed Mr. Blair, of Missouri, Mr. Olin, of New-York, 
and ^Ir. ^lallory, of Kentucky, managers. 

In the Senate, on the twenty -fourth, on motion 
of Mr. AVilson, the Senate insisted on its dis- 
agreement, agreed to the conference asked for by 
the House, and appointed Mr. AVilson, Mr. Ilice, 
and Mr. Lane, of Kansas, managers. In the 
House, on the twentj'-fifth, Mr. Blair made the 
following report: "The Committee of Confer- 
ence on the bill to increase the present military 
establishment, have agreed to recommend to their 
respective Houses as follows : 

"That the House of Kepresentatives recede 
from its amendments to the bill of the Senate, 
except section eight, and agree thereto with the 
following amendments: 

" Strike out as follows, 'in such manner and to 
such extent as Congress may direct ;' and insert, 
'to a number not exceeding twenty-five thou- 
sand men, unless otherwise ordered by Con- 
gress.' 

"And also ^Provided, That all the officers of 
the regular army who have been or may be at- 
tached or assigned to duty for service in any 
other regiment or corps, shall resume their posi- 
tions in the regular army, and shall be entitled 
to the same rank, promotion, and emoluments, as 
if they had continued to serve in their own regi- 
ments or corps.' 

" That the Senate recede from its disagreement 
to the eighth section of the amendment of the 
House, and agree thereto." 

Mr. Blair said the Conference Committee on 
the part of the House felt constrained under pre- 
sent circumstances to recede from the amend- 
ments of the House, and to allow the Senate bill 
to pass, with an amendment, however, providing 
that the military establishment should be re- 
duced at the end of the war to a number not ex- 
ceeding twenty-five thousand men ; that all the 
officers of the regular army who had been or 
might be attached or assigned to duty for serv- 
ice in an)' other regiment or corps, should resume 
their positions in the regular army, and should 
be entitled to the same rank, promotion, and 
emoluments, as if they had continued to serve 
in their own regiments or corps ; and that the re- 
cruiting of these eleven new regiments should 
be placed in charge of officers appointed for the 
new regiments from civil life; and that, in the 
mean time, the officers of the regular army 
should not be employed in recruiting, but should 
be employed actively in the field. Mr. Vallan- 
digham inquired if he was to understand that 
the report of the Conference Committee proposes 
to agree to the Senate bill increasing the stand- 
ing army, as against the proposition to increase 
the volunteer force which was adopted by the 



House. Mr. Blair replied, that the managers on 
the part of the House were exceedingly reluctant 
to yield their amendmeirt, and nothing but what 
they deemed a pressing emergcnc}' would have 
induced them to yield their objections to tho 
Senate bill. The report of the Committee of 
Conference M'as agreed to — ayes, eight3^-one, 
noes, twenty-two. In the Senate, on the twenty- 
sixth, Mr. Wilson made a report from the Com- 
mittee of Conference which was concurred in 
without a division, and the bill was approved by 
the President on the twenty-ninth of July, 18G1. 

No. III. — The Bill providing for the hetier Or- 
ganization of the Military Establishment. 

In the Senate, on the sixth of July, Mr. Wil- 
son, of Massachusetts, agreeably to notice given 
on the first day of the session, introduced a bill 
for the better organization of the military estab- 
lishment. The bill contained eighteen sections, 
and provided : 

For the appointment of an assistant secretary 
of war ; 

For an increase of the adjutant-general's de- 
partment, and the promotion of the Adjutant- 
General to the rank of a brigadier-general. 

For an increase of the quartermaster-general's 
department ; 

For an increase of the ordnance department ; 

For an increase of the corps of engineers, and 
the promotion of the chief to the rank of a 
brigadier-general ; 

For an increase of the medical department of 
the army ; 

For the addition to the medical staff of a corps 
of medical cadets ; 

For the employment of female nurses in the 
permanent hospitals ; 

For the appointment of one chaplain to each 
regiment ; 

For increasing the number of cadets at the 
Military Academy, and authorizing the Presi- 
dent to fill the vacancies created by the rebel- 
lion ; 

For the repeal of the act allowing three months' 
extra pay for reenlistments, and the premium 
for accepted recruits ; 

For the repeal of the act requiring the Secre- 
tary of War to discharge minors ; 

For the change of the army ration whenever 
circumstances might render it advisable by sub- 
stituting fresh meats, potatoes, or fresh or des- 
sicated vegetables ; 

For allowing in the hospitals, such quantities 
of fresh or preserved fruits, milk, butter, and 
eggs as might be necessary for the proper diet 
of the sick ; 

On the tenth, Mr. Wilson, from the Commit- 
tee on Military Affiiirs, to whom the bill had been 
referred, reported it back with amendments. 
The Senate, on the twelfth, proceeded to its con- 
sideration, and on motion of Mr. Grimes, struck 
out the provision giving the Adjutant-General 
the rank of a brigadier-general. The Commit- 
tee on Military Affau'S reported an amendment 



DOCUMENTS. 



9 



providinp; that the Superintendent of the United 
States Military Academy — whom the law re- 
quired to be selected from the corps of engi- 
neers — should be an officer of the army, a grad- 
uate of the Academy, and distinguished for his 
scientific attainments. Mr. Hale of New-Hamp- 
shire moved to strike out the words, "a gradu- 
ate of the United States Military Academy" — yeas, 
fourteen ; nays, twenty-seven. Mr. Grimes moved 
to strike out the entire amendment, but withdrew 
the motion to allow Mr. AVilson to move an amend- 
ment providing that the Superintendent of the 
Academy should be an officer of the engineer, 
topographical engineer, ordnance or artillery 
corps. This amendment to the amendment was 
agreed to, and the amendment as amended 
adopted. 

The Military Committee reported as an amend- 
ment, to strike out the seventeenth section, au- 
thorizing the Commissary-General to vary the 
subsistence of the army by substituting fresh 
meats for salt meat, and potatoes, fresh or des- 
sicated vegetables for other portions of the ra- 
tion and to insert in lieu of it : " That the army 
ration shall be increased as follows, namely : twen- 
ty-two ounces of bread or flour, or one pound of 
hard bread, instead of the present issue ; fresh 
beef shall be issued as often as the commanding 
officer of any detachment or regiment shall re- 
quire it, when practicable, in place of salt meat ; 
beans and rice shall be issued in the same ra- 
tion in the proportions now provided by the re- 
gulation ; and one pound of potatoes per man 
shall be issued at least three times a week, if 
practicable ; and when these articles cannot be 
issued in these proportions, an equivalent in 
value shall be issued in some other proper food, 
and a ration of tea may be substituted for a ra- 
tion of cotFce, upon the requisition of the proper 
officer." The amendment was agreed to. Mr. 
Wilson moved an amendment consisting of five 
sections, repealing the law allowing double ra- 
tions to department commanders ; providing 
that brevet rank should not increase pay ; that 
officers entitled to forage should not commute it, 
but should draw in kind ; that officers, when 
absent from duty six months, should not re- 
ceive the allowances authorized by existing law ; 
that sutlers might be appointed not exceeding 
one to each military post. This amendment was 
agreed to. 

On motion of Mr. Grimes, the section author- 
izing the increase in the Ordnance Department was 
stricken out. Mr. Harris, of New-York, moved to 
amend the bill by adding : " That any cadet who 
shall hereafter be reported deficient, either in con- 
duct or studies, shall be discharged from the Acad- 
emy, and shall not be returned or reappointed ex- 
cept upon the recommendation of the academic 
board of the Academy." Mr. Hale moved to 
amend so that such cadet could not be appointed 
to a place in the army. Mr. Fessenden suggested a 
modification of the amendment so that it would 
read, "or appointed to anyplace in the army 
before his class shall have left the Academy and 
received their commissions," and Mr. Hale ac- 



cepted the modification, and the amendment to 
the amendment of Mr. Harris was agreed to; 
Mr. Harris's amendment was then adopted. Mr. 
Wade, of Ohio, moved to strike out the entire sec- 
tion relating to the Academy. He declared he 
was " not in favor of increasing the number of 
cadets. I do not think the experience of the 
country has been such as should lead us to be 
in any great hurry to increase the num1>er of 
cadets or to add to the patronage of the Military 
Academy. I cannot help thinking that there 
is something wrong about this whole institution. 
I do not believe that in the history of the world 
3'ou can find as many men who have proved 
themselves utterly faithless to their oaths, un- 
grateful to the Government that has su})ported 
them, guilty of treason and a deliberate inten- 
tion to overthrow that Government which has 
educated them and given them its support, as 
have emanated from this institution." On mo- 
tion of Mr. Wilson, the eleventh section relating 
to the West-Point Academy, was stricken out 
with the view of perfecting the matter in a new 
bill. 

On the seventeenth, the Senate resumed the 
consideration of the bill. Mr. Wilson moved to 
amend by striking out all after the enacting 
clause, and inserting a new bill of twenty sec- 
tions. In explanation of its provisions, Mr. 
Wilson said: "I have labored night and day, 
for many days and nights, to fit and prepare 
this bill to meet the actual wants of the country ; 
and in doing so, I confess that in every step of 
it, I have had to meet the interests, the jealous- 
ies, or the prejudices of men connected with the 
army of the United States. But in framing 
this bill, I have endeavored to be governed 
wholly by the public interest, and not by the 
wants or wishes of any particular men in the 
army or in the departments : 

The first section provides for an Assistant-Se- 
cretary of War, with a compensation of three 
thousand dollars per year ; 

The second section makes an addition to the 
quartermaster's department ; 

The third section provides that there shall be 
added to each of the corps of engineers and to- 
pographical engineers and the ordnance depart- 
ment, three first, and three second lieutenants ; 

The fifth section provides for raising three 
companies, to be composed of one hundred and 
fifty men each, to be sappers, miners, and pon- 
toneers ; 

The sixth section authorizes an addition to 
the medical department of the army, of ten 
surgeons, and twenty assistant surgeons ; 

The seventh section proposes to add to the 
medical corps, fifty young men — medical stur 
dents — to be called dressers ; 

The eighth section provides that, in permanent 
hospitals, female nurses may be substituted for 
soldiers, under the guide and direction of the 
surgeons of those hospitals ; 

The ninth section provides that one chaplain 
shall be allowed to each regiment, to be selected 
and appointed by the President; but he must 



10 



REBELLION RECORD, 1S64. 



be an ordained minister of some Christian de- 
nomination; leaving the pay precisely as it is 
now; 

The tenth section authorizes the President to 
fill the vacancies in the Military Academy on 
the recommendation of Senators ; 

The eleventh section abolishes three months' 
pay for reenlistments ; 

The twelfth section provides that two dollars 
a month shall be retained, instead of one dol- 
lar, from the soldier's pay ; the object to make 
every soldier feel that he has got so much re- 
served interest ; 

The thirteenth section repeals the fifth sec- 
tion of the act approved September twenty-eighth, 
1850, which requires the Secretary of AVar to 
discharge from the service all minors ; 

The next section provides that in all cases of 
enlistment or reenlistment, the oath of allegi- 
ance may be administered by a commissioned 
officer of the army ; 

The fifteenth section provides that the regi- 
ments of dragoons, mounted riflemen, and caval- 
ry, shall all be consolidated and be one arm ; 

The sixteenth section provides for the altera- 
tion of the army ration, increasing it to a small 
extent — increasing the bread and not the meat ; 
The seventeenth section provides that there 
may be allowed in the hospitals fruits, milk, but- 
ter and eggs ; 

The eighteenth section provides that there 
shall be appointed, by the Secretary of AVar, on 
the recommendation of the council of administra- 
tion, and approval of the commanding ofiicer, as 
many sutlers as the exigency may require. 

The remaining sections are taken from the 
bill to create a retired list. 

This bill now presented as a substitute has 
been examined most carefully in the Adjutant- 
General's office, in the Secretary of AVar's office, 
and finally was examined and revised by General 
Scott. It received the unanimous sanction of 
the Committee on Military Affairs. Mr. Grimes 
moved to amend the amendment by adding five 
new sections providing for a retired list of the 
nav3^ Mr. Hale, Chairman of the Naval Com- 
mittee, declared his opposition to both proposi- 
tions. Mr. Grimes thought there were at least 
twenty naval officers that ought to be retired ; 
" It would be for the interest of the Government 
to get nd of these men, who are effete, unable 
to perform the duties of their positions, and take 
young, active, and patriotic men and place them 
in their stead." Mr. Grimes's amendment to Mr. 
AVilson's amendment was agreed to. 

Mr. Hale moved to amend the amendment by 
striking out all relating to retiring boards for 
the army and navy, and adding three sections re- 
lating to double rations, brevet commissions, and 
commutation of forage, adopted by the Senate on 
motion of Mr. AA'ilson, and not included in his 
pending amendment. Mr. Nesmith opposed the 
section relating to the commutation of forage, 
and Mr. llalc withdrew it. Mr. AVilson demand- 
ed the yeas and nays on Mr. Hale's motion to 
strike out of his amendment the sections relat- 



ing to retired lists in the army and navy, and to 
insert the new sections concerning brevet rank, 
and double rations for department commanders. 
Mr. Hale's motion was supported l)y Mr. Baker 
of Oregon, and opposed by Mr. Foster of Con- 
necticut, Mr. Ten Eyck of New-Jersey, and Mr. 
Fessenden of Maine. The question being taken 
by yeas and nays, resulted — yeas, eleven ; nays, 
twenty-seven. 

Mr. Rice, of Minnesota, moved to amend the 
twentieth section at the end of the nineteenth 
line by adding — that should the Lieutenant-Gen- 
eral be retired under this act, it should be with- 
out reduction in his current pay, subsistence, or 
allowances — yeas, twenty-nine ; nays, eleven ; so 
the amendment was agreed to. Mr. Hale moved to 
amend the bill, so as to give to retired officers 
"half-pay," instead of "pay." Mr. Collamer, of 
Vermont, suggested that " the amendment should 
be that they should retire upon half the pay to 
which they were entitled at the time of their 
being retired, provided that the same should 
never be less, by the year, than a certain named 
sum, say five hundred dollars a year, so as to 
give a man a support." Mr. Sherman moved 
to amend the bill so as to give the retu'ed of- 
ficer the pay proper of his rank, and no other 
allowances. Mr. Hale withdrew his amendment, 
and Mr. Sherman's amendment was agreed to. 
On motion of Mr. Sherman, sections two, three, 
and six of the bill increasing the adjutant-gen- 
eral's, the commissary, the quartermaster, and 
the [medical departments were stricken out, and 
the following added as a new section : " That 
the President be authorized to appoint, by and 
with the advice and consent of the Senate, eight 
assistant adjutant-generals, six commissaries of 
subsistence, four quartermasters, and twenty as- 
sistant quartermasters, ten surgeons and twenty 
assistant surgeons, to have the pay, rank, and al- 
lowances, and perform the duties of similar oflB- 
cers in the present military establishment, and 
to hold their offices three years unless sooner 
discharged." 

Mr. Hale moved as an additional section : 
" That so much of the sixth section of the act 
of August twenty-third, 1842, as allows addi- 
tional or double rations to generals or other of- 
ficers commanding geographical departments or 
divisions, or to the commandant of each perma- 
nent or fixed post garrisoned with troops, be, 
and the same is hereby, repeated." Mr. AVilson 
suggested that the amendment be so modified 
as to apply only to officers commanding in fixed 
fortifications and garrisons. Mr. Hale accepted 
the modification, and his amendment as modified 
was agreed to. On motion of Mr. Hale, the Sen- 
ate, by a vote of twenty-one to eighteen, amend- 
ed the bill by adding : "That officers having bre- 
vet commissions shall not be entitled to any in- 
crease of pay or emoluments, because of the ex- 
ercise of command according to their brevet 
rank." Mr. Baker, of Oregon, wishing to make 
sure that this provision did not apply to Gen- 
eral Scott, moved to amend the bill by adding, 
" That nothing in this act contained shall in any 



DOCUMENTS. 



11 



event reduce the pay or emoluments of the Lieu- 
tenant-General of the army" — yeas, thirty ; nays, 
six. Mr. Grimes moved to amend the substitute 
by adding, "That any commissioned officer of 
the army or navy, who, having tendered his 
resignation, shall, prior to due notice of the ac- 
ceptance of the same b}^ the proper authority, and 
without leave, quit his post or proper duties, 
with the intent to remain permanently absent 
therefrom, shall be regarded as a deserter and 
punished as such ;" and the amendment was 
adopted. Mi\ Foster moved to strike out of Mr. 
"Wilson's substitute, "The superintendent of the 
Military Academy shall be an officer of the en- 
gineers, topographical engineers, ordnance, or 
artillery corps, a graduate of the United States 
Military Academy, and distinguished for his 
scientific attainments. He shall have the local 
rank, pay, and allowances of a colonel of engi- 
neers, and be appointed by the President, by 
and with the advice and consent of the Senate ;" 
and the amendment was agreed to. On motion 
of Mr. Wilson, the bill was recommitted to the 
Committee on Military Affairs. 

On the eighteenth, Mr. Wilson from the Mili- 
tary Committee, to whom the bill had been re- 
committed, reported it back with amendments. 
Mr. Wilson said, in explanation of the action of 
the Committee, that " The tenth section of the 
bill, in regard to the vacancies in the Military 
Academy, the committee have changed so that 
they shall be filled by the President, ' upon the 
nomination, by members of the House of Repre- 
sentatives, of two from each State now repre- 
sented in the House.' This will change the ap- 
pointment from the Senate to the delegation of 
each State in the House of Representatives, and 
will give to each State two cadetships to be filled 
up in that way. 

" An amendment was moved and adopted by the 
Senate yesterday, to the twentieth section of the 
bill in regard to the retired list of the army, to 
pay the retired officers their pay proper, and 
nothing more. The Senator from Iowa suggest- 
ed that there would be an inequality in the pay 
of the officer retired, and that was the chief rea- 
son for recommitting the proposition. The com- 
mittee have arranged it in this way : that if any 
commissioned officer shall become incapable of 
performing the duties of his office, he shall be 
placed on the retired list, and withdrawn from 
active service and command and from the line of 
promotion, with the following pay, namely, ma- 
jor-generals, two thousand six hundred and forty 
dollars ; brigadier-genei'als, one thousand four 
hundred and eighty-eight dollars ; colonels, one 
thousand one hundred and forty dollars ; lieuten- 
ant-colonels, nine hundred and sixty dollars ; 
majors, eight hundi-ed and forty dollars ; cap- 
tains, seven hundred and twenty dollars ; first 
lieutenants, five hundred and forty dollars ; sec- 
ond lieutenants, five hundred and forty dollars ; 
without any other pay or allowances. That is 
the pay proper now received by the officers of the 
infantry and artillery. It is the full pay proper 
of these officers, without any emoluments, and 



according to the proposition made by the Senator 
from Ohio [Mr. Sherman] yesterday, which was 
sustained by the Senate. This places officers of 
engineers, artillery, and infantry on the same 
footing, and does away with the objection, made 
by the Senator from Iowa, of inequality. 

" The Committee propose to change the twenty- 
eighth section, in regard to the retired officers of 
the navy, by striking out the words 'leave-of- 
absence pay he was entitled to at the time of 
such retirement,' and inserting the words 'pay 
allowed by this act.' 

"In the twenty-ninth section, the Committee 
propose to insert, after the word 'promotion,' in 
line six, these words : 

" 'AVith the following pay, namely, captains in 
the navy, one thousand three hundred dollars ; 
commanders in the navy, one thousand one hun- 
dred dollars ; lieutenants in the navy, one thou- 
sand dollars ; surgeons, ranking with captains, 
one thousand three hundred dollars ; with com- 
manders, one thousand one hundred dollars ; with 
lieutenants, one thousand dollars ; paymasters, 
ranking with captains, one thousand three hun- 
dred dollars ; with commanders, one thousand one 
hundred dollars ; with lieutenants, one thousand 
dollars ; chief engineers, one thousand dollars ; 
first assistant engineers, seven hundred dollars ; 
second assistant engineers, five hundred dollars ; 
and third assistant engineers, four hundred dol- 
lars ; masters, four hundred dollars ; passed mid- 
shipmen, three hundred and fifty dollars ; with- 
out any other pay or allowance. Captains, com- 
manders, and lieutenants now on the retired list 
of the navy, shall receive the same compensation, 
and no greater, than is allowed to the officers of 
the same rank by the provisions of this act.' 

" The officers that have been retired heretofore 
receive a larger pay than we propose to give of- 
ficers retired by this act ; this proposition places 
all the officers who are or may be retired, on the 
same footing. Other slight changes have been 
made in the bill, but they are merely verbal." 
• The Secretary of the Senate then read the 
amendments proposed by the Military Commit- 
tee, as the first seven sections of the bill, and 
they were severally agi-eed to. 

The next amendment was to insert as section 
eight, "That existing vacancies at the Military 
Academy, from congressional districts where 
there have been failures to make nominations 
according to the provisions of existing laws, shall 
be supplied by the President upon the nomina- 
tion by members of the House of Representa- 
tives from such States as are represented in Con- 
gress : Frovided, That but two cadets shall be 
appointed from any one State ; and that such 
cadets shall be actual residents of the State 
from which they are nominated, and shall have 
the qualifications for admission to the Military 
Academy as are now required for appointments 
from congressional districts and at large. And 
no cadet, who shall hereafter be reported as de- 
ficient, either in conduct or studies, and recom- 
mended to be discharged from the Academy, 
shall be returned or reappointed, or appointed to 



12 



REBELLIOX RECORD, 1864. 



any place in the army before his class shall 
have left the Academy and received their com- 
missions, unless upon the recommendation of the 
academic board of the Academy." Mr. Fessen- 
den moved to strike out the words, " by mem- 
bers of the House of Representatives," and in- 
sert, " by the Governors of the respective States" 
— rejected, yeas, sixteen ; nays, twenty-two. The 
question recurring on the amendment of the Com- 
mittee, it was rejected. On motion of Mr. ^V\idc, 
so much of the section as refers to the appoint- 
ment of cadets to the MiUtary Academy, was 
stricken out. Mr. Wilson moved to insert in lieu 
of the words stricken out by Mr. Wade, " That 
the President of the United States be, and he is 
hereby, authorized to fill any existing vacancies 
at the United States Military Academy, from 
congressional districts for which no nominations 
are made by Representatives in Congress, by ap- 
pointments from those districts or from the re- 
spective States at large" — yeas, seventeen ; nays, 
twenty-three ; so the amendment to the amend- 
ment was rejected. Mr. Carlisle, of Virginia, 
moved to insert in the blank made by Mr. Wade's 
amendment, "That existing vacancies at the Mili- 
tary Academy, from congressional districts where 
there have been failures to make nominations, ac- 
cording to the provisions of existing laws, shall be 
supplied by the President, upon the nomination 
of Senators from such States as are represented 
in the Senate ;" the amendment was rejected. 

The Secretary then read the amendments re- 
ported by the Military Committee, as sections 
nine to twenty-nine inclusive, and they were 
severally agreed to. 

Mr. Wilson moved to amend the second sec- 
tion, by providing for the appointment of five 
assistant inspectors-general, with the rank and 
pay of a major of cavalry, and the amendment 
was agreed to. Mr. Powell, of Kentucky, moved 
as an additional section, "That no part of the 
army or navy of the United States shall be em- 
ployed or used in subjecting or holding as a 
conquered province any sovereign State now or 
lately one of the United States, or in abolishing 
or interfering with African slavery in any of the 
States." Mr. Lane, of Kansas, moved to amend 
the amendment by adding to it, " Unless a mili- 
tary necessity shall exist for enforcing the laws 
or maintaining the Constitution of the Union." 
These amendments were discussed by Messrs. 
'Powell, Browning, Carlisle, Fessenden, Howe, 
Sumner, Polk, and Saulsbury. Mr. Lane's 
amendment to Mr. Powell's amendment was re- 
jected, eleven Senators votiiig for, and twenty- 
four against it. Mr. Sherman moved to strike 
out all of Mr. Powell's amendment, and insert, 
"That the purposes of the military establishment 
provided for in this act are to preserve the Union, 
to defend the property, and to maintain the con- 
stitutional authority of the Government." The 
amendment was agreed to — yeas, thirty-three ; 
nays, four. Mr. Breckenridge moved to add to 
Mr. Sherman's amendment, the words, "but the 
army and navy shall not be employed for the pur- 
pose of subjugating any State, of reducing it to 



the condition of a territory or province, or to abol 
ish slavery therein." The amendment was re- 
jected—yeas, nine; nays, thirty. The question 
recurring on the original amendment as amended, 
it was rejected. The bill was then passed as 
amended. 

In the House of Representatives, on the fif- 
teenth, ^Ir. I'lair, from the Military Committee, 
reported a bill for the better organization of the 
military establishment, and, on the nineteenth, 
the bill was taken up, amended, and passed. 
On the twenty-third, Mr. Blair from the Commit- 
tee on Military Aifairs, to Avhom had been re- 
ferred the Senate bill for the better organization 
of the military establishment, reported it back 
with an amendment as a substitute. The sub- 
stitute was adopted, and the bill as amended 
passed. 

In the Senate, on the twenty-fourth, the bill 
with the House amendment was taken up for con- 
sideration. Mr. Hale moved that the bill and 
amendment be referred to the Military Commit- 
tee, but the motion was not agreed to. Mr. 
Wilson hoped the Senate would disagree to the 
amendment, and send the bill back to the House 
at once. Mr. Grimes said this bill as it went 
from the Senate, "was more thoroughly dis- 
cussed and better understood by the members of 
this body, than any bill that has been passed at 
this session ; and he should vote to non-concur 
in the House amendment which struck out some 
of the most material provisions of the Senate 
bill." The amendment was non-concurred in. 
The House insisted on its amendment, asked a 
committee of conference, and appointed Mr. 
Blair, of Missouri, Mr. Crittenden, of Kentucky, 
and Mr. Olin, of New- York, conferees. The 
Senate, on motion of Mr. Wilson, insisted on its 
disagreements, agreed to a conference committee, 
and the chair appointed Mr. Wilson, of Massa- 
chusetts, Mr. Grimes, of Iowa, and Mr. Rice, of 
Minnesota, conferees. 

In the House, on the twenty-seventh, Mr. 
Blair, from the committee of conference, made 
a report that the House recede from its amend- 
ment to the Senate bill, and agree to it with 
several amendments ; and the report was accept- 
ed. In the Senate, on the twenty-ninth, Mr. 
Wilson, from the committee of conference, made 
a report, which was opposed by Mr. Hale, Mr. 
Baker, and Mr. Sherman, and rejected. On 
motion of Mr. Wilson, the Senate insisted on its 
disagreement to the House amendment, and 
askod for another committee of conference. Mr. 
Wilson, Mr. Sherman, and Mr. McDougall were 
appointed conferees. The House agreed to a 
farther conference, and appointed Mr. Blair, of 
Missouri, Mr. Kellej', of Pennsylvania, and Mr. 
Jackson, of Kentucky, conferees on its part. 

In the Senate, on the first of August, Mr. 
Wilson from the second committee of confer- 
ence, reported that the committee of conference 
on the disagreeing votes of the two Houses on 
the bill providing for the better organization of the 
military establishment, had agreed to recommend 
to their respective Houses, That the House re- 



DOCUMENTS. 



13 



cede from its amendments to the Senate bill, 
and agree to it, with amendments ; and the report 
was concurred in — yeas, twenty-seven ; nays, nine. 
In the House, Mr. Blair made the report of the 
committee of conference, which was concurred in. 
This bill, containing twenty -five sections, was 
approved by the President on the third of Au- 
gust, 1861. 

No. IV. — The Act in addition to the Act to au- 
thorise the Emplorjment of Volunteers to aid 
in enforcing the Laics and proteeti7ig Puhlic 
Proi^erty. 

In the Senate, on the twenty-second of July, 
1861, Mr. Wilson, on leave, introduced a bill in 
addition to the act for the employment of volun- 
teers. The bill authorized the President to ac- 
cept the services of volunteers, either as cavahy, 
infantrj'', or artillery, in such numbers as the 
exigencies of the public service might, in his 
opinion, demand, to be organized by the act of 
the twenty-second July, 1801. These volun- 
teers were to be armed as the President might 
direct, to be subject to the rules and articles of 
wai*, and to be upon the footing in all respects 
with similar corps of the army, and to be mus- 
tered into the service for and during the war. 
Mr. Wilson desired to put tlie bill on its pas- 
sage, but Mr. Pearce, of Maryland, objecting, it 
was passed over. 

On the twenty-third, the Senate, on motion of 
Mr. Wilson, proceeded to the consideration of 
the bill. On motion of Mr. Wilson the bill was 
amended by adding to the first section a proviso, 
" That the number of troops hereby authorized, 
shall not exceed five hundred thouand." Mr. 
Wilson moved to amend the bill by adding as a 
new section, "That the President shall be au- 
thorized to appoint, by and with the consent of 
the Senate, for the command of the volunteer 
forces, such number of major-generals and of 
brigadier-generals as may in his judgment be re- 
quired for their organization;" and the amend- 
ment was agreed to, and the bill as amended 
passed without a division. 

In the House, on the twenty-fourth, Mr. 
Blair called up for consideration the Senate bill 
and passed it without a division, only fifteen 
members voting, on motion of Mr. Burnett, of 
Kentucky, for the yeas and nays. The Presi- 
dent approved the bill on the twentj^-fifth of 
July, 1861. 

No. V. — The Joint Resolution to ajrprove and con- 
firm certain Acts of the Presiden t of the United 
States^ for suppressing Insurrection and Ee- 
bellion. 

In the Senate, on the sixth of July, 18G1, 
agreeably to notice given on the fourth, Mr. 
Wilson, of Massachusetts, introduced a joint 
resolution to approve and confirm certain acts 
of the President. The resolution was read twice 
and referred to the Military Committee. On the 
eighth, Mr. Wilson reported it back without 
amendment. 

The resolution set forth that, "Whereas, since 



the adjournment of Congress, on the fourth 
day of March last, a formidable insurrection in 
certain States of this Union has arrayed itself 
in armed hostility to the Government of the 
United States, constitutionally administered; 
and whereas the President of the United States 
did, under the extraordinary exigencies thus 
presented, exercise certain powers and adopt 
certain measures for the preservation of this 
Government — that is to say: First. He did, on 
the fifteenth day of April last, issue his procla- 
mation calling upon the several States for seven- 
ty-five thousand men to suppress such insurrec- 
tionary combinations, and to cause the laws to 
be faithfully executed. Secondly. He did, on 
the nineteenth day of April last, issue a procla- 
mation setting on foot a blockade of the ports 
within the States of South-Carolina, Georgia, 
Alabama, Florida, Mississippi, Louisiana, and 
Texas. Thirdly. He did, on the twenty-seventh 
day of April last, issue a proclamation establish- 
ing a blockade of the ports within the States of 
Virginia and North-Carolina. Fourthly. He did, 
by order of the twenty-seventh day of April last, 
addressed to the Commanding General of the 
army of the United States, authorize that ofii- 
ccr to suspend the writ of habeas corpus at any 
point on or in the vicinity of any military line 
between the city of Philadelphia and the city of 
Washington. Fifthly. He did, on the third day of 
May last, issue a proclamation calling into the ser- 
vice of the United States, forty-two thousand 
and thirty-four volunteers, increasing the regular 
army by the addition of twenty -two thousand 
seven hundred and fourteen men, and the navy 
by an addition of eighteen thousand seamen. 
Sixthly. He did, on the tenth day of May last, 
issue a proclamation authorizing the commander 
of the forces of the United States on the coast 
of Florida, to suspend the writ of habeas corpus^ 
if necessary. All of which proclamations and 
orders have been submitted to this Congress. 
Now, therefore, 

"i>e it Resolved by the Senate and House of Re- 
piresentatives of the United States of America in 
Congress asse?nbled, That all of the extraordi- 
narj' acts, proclamations, and orders hereinbefore 
mentioned, be, and the same are hereby, ap- 
proved and declared to be in all respects legal 
and valid, to the same intent, and with the same 
effect, as if they had been issued and done under 
the previous express authority and direction of 
the Congress of the United States. 

On the tenth, the Senate proceeded to the 
consideration of the resolution. Mr. Clark, of 
New-Hampshire, moved to strike out the words, 
"increasing the regular army by the addition 
of twenty-two thousand seven hundred and 
fourteen men, and the navy by an addition of 
eighteen thousand seamen." He said he did not 
know that any thing had been done toward in- 
creasing the army or navy, which must neces- 
sarily be made by law retroactive. Mr. Wilson 
said that " A plan has been arranged for the or- 
ganization of eleven regiments for the army. 
Ofiicers have been appointed, commissioned 



14 



REBEELION RECORD, 1S64. 



with some qualifications, sent to certain points 
of the country, and money has been placed in 
their hands to fill up the ranks of the army. In 
regard to filling up the navy, I understand 
that of the eighteen thousand men ordered for 
the navy several thousand have been enlisted, 
and are now in the cmi)lo3^nient of the Govern- 
ment. I do not think it wise to strike out this 
provision ; I think it had l)otter remain there." 

Mr. Polk, of Missouri, desired to have the re- 
solution go over to a future day. Mr. McDougall, 
of California, thought it of vast importance to act 
promi)tly. " I am here," he said, " to indorse 
the preliminary actions of the Government." 
Mr. Fessenden of Maine would oppose postpone- 
ment after that day, tliough he Afould defer the 
consifleration of the subject till the next day, if 
Mr. Polk was not ready to speak then. Mr. 
Saulsbury, of Delaware, saw no reason for pass- 
ing the resolution. Mr. Clark withdrew his 
amendment, as the Military Committee were 
unanimous for it. Mr. Polk moved to postpone 
the resolution until the next day. Mr. Dixon and 
Mr. McDougall opposed it, and the motion was 
lost. Mr. King, of New-York, moved to amend 
by a proviso that within six months after the 
rebellion should be put down, the army should 
be reduced to its organization on the first of 
July, 1861. Mr. Latham, of California, was op- 
posed to an increase of the regular army and 
to tlie suspension of the writ of lialeas corpus. 
Mr. King accepted a suggestion of Mr. Hale to 
include in his amendment the navy. Mr. Ken- 
nedy, of Maryland, was prepared to sustain the 
administration in all just and constitutional 
measures, but he could not vote for all the pro- 
positions in the resolution. Mr. Wilson ex- 
pressed the hope that Mr. King would withdraw 
his amendment and move it upon the army bill, 
and allow the vote to be taken on the resolution. 
Mr. Lane, of Indiana, said, as a member of the 
Military Committee he " had voted to report the 
resolution. The red right hand of armed rebel- 
lion was raised to strike down the Government 
under which we live — the freest, happiest, grand- 
est Government upon earth ; and the President 
was suddenly called upon to put down this armed 
rebellion. Every effort which he has made to 
that purpose meets my most hearty and cordial 
cooperation and support." Mr. Kennedy ex- 
pressed his " solemn conviction that jou will 
never reconstruct the Union by the sword ;" 
he would ask Mr. Wilson if he "is apprised 
of any necessity for or any reasons that re- 
quire or justify the suspension of the writ of 
habeas corpus in Maryland." Mr. Wilson re- 
plied : " I think the existence of a band of con- 
si)irators in the city of Baltimore, men who or- 
ganized murder and shot down in the streets of 
"that city brave men who were rallying at the 
call of their country to defend the capital of the 
nation and uphold the cause of the republic, is 
a full, complete justification of the President in 
authorizing General Scott to suspend the writ 
of habeas corpus in and about that city. There 
is no spot on this continent, none whatever, 



me, for its suspension. (| 

Baker .said : "As a member of the Military | 
nittec, I agree heartily in the report of its {| 



where there have been blacker traitors than in 
and about the city of Baltimore — men ready for 
murder, for any crime — men who were organiz- 
ing rebellion in that city, secreting arms that 
have since been discovered and taken from the 
men who have been arrested. If there ever was 
in any portion of the republic, any .spot of caiih, 
or any time, where and when the writ of ha- 
beas coi'pus ought to be suspended, the city of 
Baltimore was the spot, and the last few weeks 
the time, for its suspension." 

Mr. 
Committee, 

Chairman of the bills now upon your table. 
Whether that peace shall be conquered at Rich- 
mond, or Montgomery, or New-Orleans, or in the 
wilds of Texas, I do not presume to say ; but I 
do know, if I may use so bold a word, that the 
determined aggregated power of the whole peo- , 
pie of this country — all its treasure, all its arms, j 
all its blood, all its enthusiasm, kindled, concen- ' 
trated, poured out in one mass of living valor 
upon any foe — will conquer." Mr. Fessenden 
suggested to Mr. King to modify his amendment 
so as to read : That nothing therein contained 
should be construed as authorizing a perma- 
nent increase of the army or navy beyond their 
force at that time. Mr. King so modified his 
amendment. Mr. Wilson thought " the proviso 
as proposed by the Senator from Maine, is one 
that we can all accept." Mr. Trumbull thought 
Mr. Fessenden had succeeded admirably in an- 
nexing a proviso which really had no meaning 
in it, but Mr. King expressed his satisfaction 
with it, and it was agreed to. 

Mr. Latham moved to strike out of the resolu- 
tion the words : "Fovirthly. He did, by an order 
of the twenty-seventh day of April last, addressed 
to the Commanding General of the army of the 
United States, authorize that officer to suspend 
the writ of habeas corpus at any point on or in 
the vicinity of any military line between the city 
of Philadelphia and the city of Washington." 
The amendment was rejected. Mr. Polk asked 
the yeas and nays on the passage of the resolu- 
tion, and they were ordered. He then addressed 
the Senate against its passage, expressing a wish 
to defer his speech until the next day. Mr. Wil- 
son moved to postpone the resolution to the next 
day, and take up the volunteer bill, and it was 
postponed. On the eleventh, Mr. Polk resumed 
and concluded his speech against the resolution. 
Mr. Powell, of Kentucky, thought that instead of 
being engaged in an effort to pass through the 
Senate a resolution approving these violations 
of the Constitution hj the chief Executive, these 
wanton and palpable violations of the Constitu- 
tion, the assuming the war power, the officers 
who conmiitted these usurpations should be ar- 
raigned at the bar of the Senate, and be on trial 
under impeachment. Mr. Breckenridge and 
Mr. Bayard expressed a desire to .speak on the 
resolution, and the Senate, on motion of Mr. 
Wilson, postponed till the next day. On the 
sixteenth, Mr. Breckenridge addressed the Senate 
in opposition to the passage of the resolution. 



DOCUMENTS, 



16 



He desired " the country to understand that the 
Constitution of the United States is no longer to 
be held as the measure of power on one side and 
of obedience on the other, but that it is to be 
put aside to carry out the purposes of the major- 
ity." Mr. Lane, of Indiana, declared : " I sanc- 
tion and approve every thing that the President 
has done during the recess of Congress, and the 
people sanction and approve it, and there is no 
power this side of Heaven that can reverse that 
decision of the American people." 

On the nineteenth, Mr. Bayard, of Delaware, 
addressed the Senate for two hours in opposition 
to the resolution ; and on the twentieth, Mr. 
Latham, of California, spoke for nearly two hours 
against it, and Mr. Rice, of Minnesota, " indorsed 
to the fullest extent, Jill that had that day so 
ably and eloquently fallen from his lips." On 
the twenty-seventh, Mr. Johnson, of Tennessee, 
addressed the Senate at length. He declared 
the cause of the rebellion to be "disappointed, 
impatient, unhallowed ambition." "Certain 
men could not wait any longer, and Miey seized 
the occasion to do what they had been wanting 
to do for a long time — break up the Govern- 
ment. If they could not rule a large country, 
they thought they might rule a small one." He 
declared that "A distinguished Senator from 
Georgia once said, ' when traitors become num- 
erous enough, treason becomes respectable.' 
Traitors are getting to be so numerous now that 
I suppose treason has almost got to be respect- 
able ; but God, being willing, whether traitors be 
many or few, as I have hitherto waged war 
against traitors and treason, and in behalf of the 
Government which was constructed by our fa- 
thers, I intend to continue it to the end." [Ap- 
plause in the galleries.] 

Mr. Pearce, of Maryland, spoke on the thirtieth, 
against the resolution and in condemnation of 
the action of the Government in his State, which 
he pronounced to be "positive, arhitrary, cause- 
less, and wanton oppression." On the second 
of August, Mr. Wilson moved to take up the re- 
solution for consideration. Mr. Trumbull, of Il- 
linois, opposed the motion and demanded the 
yeas and nays, and they were ordered — yeas, twen- 
ty-eight ; nays, eleven. Mr. Doolittle moved it to 
the Judiciary Committee. Mr. Polk demanded 
the yeas and nays, and they were ordered — yeas, 
seventeen ; nays, twenty -three. Mr. Sherman, of 
Ohio, said : "I am going to vote for the resolution, 
and I am going to vote for it upon the assumption 
that the different acts of the administration re- 
cited in this preamble were illegal, and not upon 
the assumption that they were legal and valid. 
I ' approve' of the doing of them, and therefore 
I vote for that portion of the resolution. I am 
willing to make them as ' legal and valid ' as if 
they had the previous express sanction of Con- 
gress ; and therefore I vote for that clause of the 
resolution. I vote for those measures ; and I ap- 
prove them, as I said in the outset, all the more 
because the taking of them involved the President 
in some personal hazard. I will not approve 
them more, but I admire them the more because 



he did not hesitate to save the republic, al- 
though the act of saving it might be attended by 
some personal risk to himself" 

The Senate, on the sixth, resumed the consider- 
ation of the resolution. Mr. King thought we 
had no time to amend it and there was no pro- 
bability that it would pass the House so near 
the close of the session. Mr. Fessenden was 
ready to vote for the passage of the resolution, 
but thought the House at that late hour would 
not pass it. Mr. Trumbull declared he never 
would vote for it, and yielded the floor to Mr. 
King, who moved to go into executive session. 
The motion prevailed, and the resolution was not 
again considered. 

No. VI. — The Bill to authorize the Secretary of 
War to reimburse Volunteers for Expenses in- 
curred in ejnploying Regimental Bands, and 
for other purposes. 

In the Senate, July fifteenth, Mr. Rice, of Min- 
nesota, introduced a bill authorizing the Secre- 
tary of War to reimburse the New-York Seventy- 
first regiment for expenses incurred in employ- 
ing regimental bands. The bill was read twice 
and referred to the Military Committee. On 
the nineteenth, Mr. Rice reported back the bill 
with an amendment to strike out all after the 
enacting clause, and to insert in lieu of it, that 
the Secretary of War be authorized and directed 
to refund, to the volunteers called out by the 
President's proclamation of the fifteenth April, 
one thousand eight hundred and sixty-one, such 
sums of money as might have been expended by 
the said volunteers in the employment of regi- 
mental or company bands during the period of 
their service undtr said proclamation : Provided, 
the amount to be allowed should not exceed 
that to be paid to volunteer bands regularly mus- 
tered into the service under the President's pro- 
clamation of May third, one thousand eight hun- 
dred and sixty-one. On the twentieth, the bill 
was considered, amended and passed, and on 
motion of Mr. Grimes its title was so amended 
as to read : "A bill authorizing the Secretary of 
War to reimburse volunteers for expenses in- 
curred in employing regimental and other 
bands." In the House, on the twenty-seventh, 
Mr. Blair reported it back from the military com- 
mittee to whom it had been referred, the bill au- 
thorizing the Secretary of War to pay regiment 
al and other bands, emploj^ed by volunteer regi- 
ments, with an amendment as an additional sec 
tion, providing "that the President, in accept 
ing and organizing volunteers under an act en- 
titled 'An act authorizing the employment of 
volunteers to aid in enforcing the laws and pro- 
tecting public property,' approved July twenty- 
second, 18G1, might accept the service of such 
volunteers without previous proclamation, and in 
such numbers, from any State or States as, in 
his discretion, the public service might require." 
The amendment was agreed to, and the bill as 
amended passed without a division. In the 
Senate, on the twenty-ninth, the House amend- 
ment was concm*red in ; and the bill M'as ap- 



16 



REBELLION RECORD, 1864. 



proved on the thirty-first of July, 18G1, by the 
President. 

No. \\\.— The Bill authorizing the President to 
appoint additional Aids-de-camp. 

In the Senate, on the thirty-first of July, Mr. 
Wilson, from the Committee on Militai-y Affairs, 
reported a bill supplementary to an act entitled, 
"An act to increase the present military estab- 
lishment approved July twenty-ninth, 18G1." 
The bill provided that the President might, dur- 
ing the insurrection, upon the recommendation 
of' the Lieutenant-General commanding the army 
of the United States, or of any major-general of 
the regular army connnanding forces of the 
United States in the field, appoint such number 
of aids-de-camp, in addition to those authorized 
by law, as the exigencies of the service might, 
in the opinion of the President, require; such 
aids-dc-camp to bear, respectively, the rank and 
authority of captains, majors, lieutenant-colonels, 
or colonels of the regular army, as the President 
might direct, and receive the same pay and al- 
lowances as were provided by existing laws for 
officers of cavalry of corresponding rank. The 
President was to cause the aids-de-camp ap- 
pointed under the act to be discharged whenever 
they should cease to be employed in active serv- 
ice; and he might reduce the number so em- 
ployed whenever he might deem it expedient so 
to do. Any officers of the regular army ap- 
pointed aids-de-camp under the act, and at- 
tached or assigned to duty for service as such, 
■were, on their discharge, to resume their posi- 
tions in the regular army, and be entitled to the 
same rank and promotion as if they had contin- 
ued to serve in their own regiments or corps. 

Mr. Wilson stated that the number of staff- 
officers was inadequate to the needs of the serv- 
ice. Mr. Doolittle desired some limitation upon 
the number. Mr. Wilson thought the discretion 
of the President an ample guarantee that no more 1 
will be appointed than the service required. The 
bill -was passed without a division. In the 
House, on the first of August, the bill was taken 
from the Speaker's table, passed without oppo- 
sition, and approved by the President, August 
fifth, 1861. 

No. VIII. — The Act to j>romote the Efficiency of 
the Engineer and Topographical Engineer 
Corps, and for other purposes. 

In the House of Representatives, on the fifth 
of August, 1861, Mr. Blair, from the Committee 
on Military Affairs, reported a bill to promote 
the efficiency of engineer coi'ps. The bill pro- 
vided that there should be added to each of the 
corps of engineers and topographical engineers, 
by regular promotion of its officers, two lieuten- 
ant-colonels and four majors, provided all va- 
cancies created by such promotion should be 
filled by graduates of the Military Academy, re- 
commended for such promotion by the academic 
board of that institution ; and ' provided further, 
that said corps should be thereafter known as 
the first and second corps of engineers. It also 



directed that there .should be added to the corps 
of topographical engineers one company of sol- 
diers, to be commanded by appropriate officers 
of such corps, to have the same pay and to be 
subject to the same rules and articles of war, and 
to be governed in every particular in the same 
manner, as the existing corps of toi)Ographical 
engineers. The bill was passed without amend- 
ment. In tlie Senate, on the fifth, tlie bill was 
taken up for consideration, and Mr. Wilson moved 
to amend by striking out all after the enacting 
clause, and inserting: "That there shall be added 
to each of the corps of engineers and toi)ograph- 
ical engineers, by regular promotion of their 
present officers, two lieutenant-colonels and four 
majors. 

" That there shall be added to the corps of to- 
pographical engineers, one company of soldiers, 
to be commanded by appropriate officers of said 
corps, to have the same pay and rations, cloti?- 
ing, and other allowances, and to be entitled tA> 
the same benefits, in every respect, as the coni« 
pany created by the act ' for the organization of 
a company of sappers, and miners, and ponto- 
niers,' approved May sixteenth, 18-16. 

"That vacancies hereafter occurring among the 
commissioned officers of the volunteer regiments 
shall be filled by the Governors of the States re- 
spectively, in the same manner as oiiginal ap- 
pointments ; and so much of the tenth section of 
the act of the twenty-second of July, 1801, as 
is inconsistent therewith, be, and the same is 
hereby, repealed. 

"That the President of the United States is 
hereby authorized to appoint two additional in- 
spectors-general for the United States army; 
the said inspectors-general to have the same rank 
and receive the same pay and allowances as now 
provided by law for inspectors-general." 

The amendment was agreed to. Mr. Wilson 
then moved to amend by adding an additional 
section: "That so much of the first section of 
the act approved August fifth, 1854, as author- 
izes the appointment of civilians to superintend 
the national armories be and the same is hereby 
repealed ; and that the superintendents of these 
armories shall be appointed hereafter from offi- 
cers of the ordnance department." Mr. Wilson 
said his sympathies and feelings were in favor of 
a civil superintendent, but his judgment was in 
favor of the amendment, which would place the 
armory in the care of an officer experienced in 
the fjibrication of arms. The amendment was 
a^^reed to. Mr. Wilson moved to insert as an 
additional section : " That the pay of the non- 
commissioned officers, musicians, and privates 
of the army of the United States be increased 
at the rate of four dollars per month, and 
to continue for three years fi'om the passage 
of this act, and until otherwise fixed by law." 
Mr. Vrilson "thought the public interest re- 
quired that we should increase the pay of the 
volunteers from eleven to fifteen dollars a month, 
which seemed to be a reasonable compensation." 
Mr. Sherman said it was an ungracious task to 
object to an increase of the pay of the volunteers 



DOCUMENTS. 



11 



or of the regular army ; the amendment should 
not be adopted without great consideration. Mr. 
Wade said " tliere was no just proportion be- 
tween the pay of oflBcers and privates ; we were 
not paj-ing enough to our soldiers," and he was 
for the proposition. Mr. Wilson said that by 
advice of Senatoi'S around him, and of Mr. King, 
his colleague on the committee, he would with- 
draw the amendment and introduce it as a sep- 
arate bill. Mr. Johnson, of Missouri, moved to 
amend by adding as an additional section, "that 
this Congress recommend the Governors of the 
several States to convene their Legislatures for 
the purpose of calling an election to select two 
delegates from each congressional district, to 
meet in general convention at Louisville, in 
Kentucky, on the first Monday in September 
next ; the purpose of the said convention to be 
to devise measures for the restoration of peace to 
our country." Mr. Powell, of Kentucky, demand- 
ed the yeas and nays. Mr. Carlisle, of Virginia, 
thought the proposition "inopportune." Mr. 
McDougall, of California, wished " merely to amend 
the remark made by the Senator from Virginia ; he 
says this proposition would be inopportune ; I say 
it would be cowardly." The amendment was re- 
jected ; nine Senators voted for it, and twenty- 
nine against it. The bill as amended, was then 
passed without a division. On the same day, 
the House, on motion of Mr. Blair, concurred in 
the amendments of the Senate ; and the Presi- 
dent approved it on the sixth of August, 186L 

No. IX. — The Bill to authorise an Increase in 
the Corps of Engineers and Topographical 
Engineers. 

In the Senate, on the second of August, 1861, 
Mr. Wilson, from the Committee on Military Af- 
fairs, reported a bill to increase the engineer corps. 
It provided, "That there should be added to each 
of the corps of engineers and topographical engi- 
neers, by regular promotion of their present offi- 
cers, two lieutenant-colonels and four majors ; and 
that there should be added to the corps of topo- 
graphical engineers one company of soldiers, to 
have the same pay and rations, clothing, and 
other allowances, and to be entitled to the same 
benefits in every respect as the company created 
by the act for the organization of a company of 
sappers and miners and pontoniers, approved 
May sixteenth, 1846." On the third of August, 
the bill was considered and passed without 
amendment. In the House, on the fifth, Mr. 
Blair, from the Committee on Military Affairs, to 
whom the Senate bill had been referred, reported 
it back with an amendment as an additional 
section, "That the President of the United 
States be authorized to appoint two additional 
inspectors-general of the United States army, 
to have the same rank and receive the same pay 
and allowances as are now provided by law for 
inspectors-general." The amendment was agreed 
to, and passed as amended. The Senate, on mo- 
tion, of Mr. Wilson, concurred in the amendment ; 
and the President approved the act on the sixth 
of August, 1861. 

Vol, X.— Doc. 2 



No. X. — The Bill maTcing an Appropriation to 
deliver Arms to Loyal Gitisens of ReT)el States. 

In the Senate, on the twentieth of July, 1861, 
Mr. Johnson, of Tennessee, introduced a bill 
making an appropriation to pay the expenses of 
transporting and delivering arms and munitions 
of war to the loyal citizens of the States of which 
the inhabitants then or thereafter might be in 
rebellion against the Government of the United 
States, and to provide for the expense of organ- 
izing them into companies, battalions, regiments, 
or otherwise, for their own protection against 
domestic violence, insurrection, invasion, or re- 
bellion. The bill provided that the sum of 

dollars be appropriated, to be expended under 
the direction of the President, in supplying and 
defraying the expenses of transporting and de- 
livering such arms and munitions of war as ia 
his judgment might be expedient to place in the 
hadns of any of the loyal citizens residing in any 
of the States of which the inhabitants were in 
rebellion against the Government of the United 
States, or in which rebellion was or might be 
threatened, and likewise for defraying such ex- 
penses as might be properly incurred in organ- 
izing and sustaining while so organized, any of 
said citizens into companies, battalions, regi- 
ments, or otherwise, for their own protection 
against domestic violence, insurrection, invasion, 
or rebellion. The bill was referred to the Com- 
mittee on Military Aflairs. On the twenty-third, 
Mr. Wilson, from the Committee on Military Af- 
fairs, reported the bill without amendment, and 
asked unanimous consent to consider it then, 
which was given. Mr. Wilson said the commit- 
tee had not filled the blank, wishing to leave it 
to the Senate. Mr. Johnson, of Tennessee, 
moved that the blank be filled by inserting two 
millions, and the amendment was agreed to. On 
motion of Mr. Johnson, it was amended so as to 
read : " The loyal citizens residing in any of the 
States which are in rebellion against tlie Gov- 
ernment of the United States, or in which rebel- 
lion is or may be threatened." Mr. Collamer, 
of Vermont, did not like the phraseology of the 
bill ; he thought States could not be in rebellion, 
but the inhabitants might be. He moved to so 
amend it, as to make it read, "the States of 
which the inhabitants, now or hereafter may be 
in rebeUion." This amendment was adopted, 
and the bill passed. In the House, the bill was 
referred to the Military Committee ; and on the 
twenty-seventh, it was reported by Mr. Blair, 
and passed without a division. It was approved 
by the President on the thirty-first of July, 
1861. 

No. XI. — The Act maTcing Appropriations, and 
for other purposes. 

In the Senate, August first, 1861, Mr. Wilson, 
of Massachusetts, reported from the Committee 
on Military Affairs, a bill appropriating one hun- 
dred thousand dollars for contingencies for forti- 
fications, to be used and applied under the direc- 
tion of the Secretary of War ; providing that any 



18 



REBELLION RECORD, 1864. 



commissioned officer of the army, navy, or ma- 
rine corps, who, having tendered his resignation, 
shouhl, prior to due notice of its acceptance by 
proper authority, and without leave, qnit his post 
or proper duties, with the intent to remain pcr- 
manentl}^ absent, should be registered as a desert- 
er, and punished as such ; and abolishing flogging 
in the army, as a punishment for desertion. Air. 
Hale, of New- Hampshire, moved to strike out of 
the bill the words, "for desertion," so that it 
would read, " that flogging as a punishment in 
the army is hereby abolished." Mr. Hale's amend- 
ment was agreed to, and the bill as amended 
passed. In the House, on the third of August, 
Mr. Stratton, of New Jersey, from the Committee 
of Ways and Means, reported back the bill with 
several verbal amendments, which were agreed 
to, and the bill passed by the House. The Sen- 
ate concurred in these amendments, passed it as 
amended ; and the President approved it on the 
fifth of August, 1861. 

No. XII. — The Bill to provide for tlie Purchase 
of Ar)ns, Ordnance, and Ordnance Stores. 
In the Senate, July twenty -ninth, 18C1, Mr. 
Wilson introduced a bill to provide for the pur- 
chase of arms, ordnance and ordnance stores, 
which was read twice, and referred to the Com- 
mittee on Military Affairs. Mr. Wilson, from the 
Military Committee, reported back the bill without 
amendment, and it was passed without a division. 
In the House, on the first of August, Mr. 
Stevens, of Pennsylvania, from the Committee of 
Ways and Means, reported the Senate bill to 
provide for the purchase of arms ; it was passed 
by unanimous consent, and approved by the 
President on the thu'd of August, 1861. 

No. XIII. — The Act to increase the Pay of the 

Privates of the Army. 

In the Senate, on the fifth of August, 18G1, 
Mr. Wilson, of Massachusetts, from the Commit- 
tee on Militaiy Affairs, introduced a bill to in- 
crease the pay of the non-commissioned officers, 
musicians and privates of the regular army, vol- 
unteers, marines, and seamen in the service of the 
United States. The Senate, on motion of Mr. 
Wilson, proceeded to the consideration of the 
bill. Mr. Collamer, of Vermont, moved to 
amend by making the increase four dollars per 
month; and the amendment was agreed to — yeas, 
eighteen ; nays, seventeen. Mr. Wilson then 
moved to amend by adding as a new section, 
" That all the acts, proclamations, and orders of 
the President of the United States, after the 
fourth of March, 1861, respecting the army and 
navy of the United States, and calling out or 
relating to the militia or volunteers from the 
States, are hereby approved, and in all respects 
legalized and made valid to the same intent and 
with the same effect as if they had been issued 
and done under the previous express authority 
and direction of the Congress of the United 
States." Mr. Breckcnridge said that the amend- 
ment Bounded like the joint resolution to ratify 
and approve all acts of the President since the 



fourth of March, but one or two features of it 
were left out. Mr. Wilson rejjlied that one or 
two features of the joint resolution were left out, 
but he intended to call up the joint resolution 
when this bill should pass. The amendment was 
agreed to. Mr. Powell demanded the yeas and 
nays on the passage of the bill, and they were 
ordered — yeas, thirty -three ; nays, five ; so the bill 
was passed. On motion, the title was amended 
by adding the words, "and for other purposes." 
In the House, Mr. Stevens, of Pennsylvania, 
called up the bill, and moved to amend it by re- 
ducing the increase of pay from four dollars per 
month to two dollars per month. He declared his 
willingness to increase the pay, but did not see 
where the money was to come from ; he was alarm- 
ed at the expenses of the Government, which were 
one and a quarter millions per day. The amend- 
ment was rejected — yeas, thirty -two ; nays, sixty 
six. Mr. Stevens then moved to amend by adding 
as a new section, " That the provisions of the acf 
entitled ' An act for the relief of the Ohio and other 
volunteers,' approved July twenty-sixth, 1861, 
be, and the same are hereby, extended to all 
volunteers mustered into the service of the 
United States, whether fior two or three years or 
for and during the war." Mr. Stevens explained 
that the amendment was intended to correct the 
mistake made in using the words "militia," in- 
stead of "volunteers." The amendment was 
agreed to. Mr. Yallandigham moved to strike 
out the second section, " That all the acts, proc- 
lamations, and orders of the President of the 
United States, after the fourth of March, 1861, 
respecting the army and navy of the United 
States, and the calling out, or relating to the 
militia or volunteers from the States, are hereby 
approved, and in all respects legalized and made 
valid to the same intent and with the same ef- 
fect as if they had been issued and done under 
the previous express authority of the Congress 
of the United States." The yeas and nays were 
taken and resulted — yeas, nineteen ; nays, sev- 
enty-four. Mr. Wickliffe, of Kentucky, thought 
the increase would be eighteen million dollars, 
and he moved that the bill be laid on the table, 
but the motion was lost. The bill was passed 
without a division. In the Senate, the House 
amendment to the bill was agi-eed to. Mr. AVil- 
son moved to reconsider the vote by which the 
Senate concurred in the House amendment, " that 
the provisions of the act entitled ' An act for the 
relief of the Ohio and other volunteers,' approved 
July twenty-fourth, 1861, be, and the same are 
hereby, extended to all volunteers, mustered into 
the service of the United States, whether for one, 
two, or three years, or for and during the war." 
The motion was agreed to, and then on motion of 
Mr. Wilson, the bill was laid on the table. 

Mr. Wilson then by unanimous consent in- 
troduced "a bill to increase the pay of the pri- 
vates in the regidar army, and of the volunteers 
in the service of the United States, and for 
other purposes." The bill proposed to increase 
the pay of the privates to thirteen dollars a 
month ; and also extended the provisions of the 



DOCUMENTS. 



19 



act "for the relief of the Ohio and other volun- 
teers" to all volunteers, no matter for what 
term of service they might have been accepted. 
Mr. Wilson moved to amend the bill by adding 
as an additional section, " That all the acts, 
proclamations, and orders of the President of 
the United States after the fourth of ]\farch, 
18G1, respecting tlie army and navy of the 
United States, and calling out or relating to the 
mihtia or volunteers from the States, are hereby 
approved and in all respects legalized and made 
valid to the same intent and with the same effect 
as if they had been issued and done under the 
previous express authority and direction of the 
Congress of tlie United States." 

Mr. Breckenridge called for the yeas and nays, 
and they were ordered ; and being taken, result- 
ed — yeas, thirty-seven ; nays, five ; as follows : 

Yeas — Messrs. Anthony, Bingham, Browning, 
Carlisle, Chandler, Clarlc, Collamcr, Cowan, Dix- 
on, Doolittle, Fessenden, Foot, Foster, Grimes, 
Hale, Harlan, Harris, Howe, Johnson of Ten- 
nessee, King, Lane of Indiana, Lane of Kansas, 
Latham, McDougall, Morrill, Pomeroy, Rice, 
Sherman, Simmons, Sumner, Ten Eyck, Trum- 
bull, Wade, Wilkinson, Wiley, Wilmot, and 
Wilson — thirty-seven. 

Nays — Messrs. Breckenridge, Bright, Kenne- 
dj^, Pearce, and Powell — five. So the amend- 
ment was agreed to, and the bill passed. In the 
House, Mr. Stevens moved to take up the bill 
for consideration ; but Mr. Crisfield, of Mary- 
land, objected. Mr. Stevens appealed to him to 
withdraw his objection. He thought if Congress 
should adjourn without passing the bill, it would 
cause very great inconveniences and perhaps 
create the necessity for an extra session. Mr. 
Crisfield withdrew his objection ; Mr. Johnson 
renewed it. Mr. Stevens then moved a suspen- 
sion of the rules, and two thirds having voted 
for it, they were suspended, and the bill passed. 
It was approved by the President, on the sixth 
of August, 1861. 

No. XIV. — A Resolution exinessing tlie Sympa- 
thy of Congress for the Bereaved Families and 
Friends of our Soldiers who have fallen in De- 
fence of the Republic. 

In the House, on the second of August, 1861, 
Mr. Cox, of Ohio, by unanimous consent intro- 
duced a joint resolution expressing the sympa- 
thy of Congress, for the bereaved families and 
friends of our soldiers who have fallen in defence 
of the republic. 

The resolution declared " that we acknowledge 
the faithful services and loyal devotion of our 
soldiers, who have fought and fallen in defend- 
ing our flag and In vindicating the supremacy 
and majesty of the republic. Whether success- 
ful, or compelled, by the overwhelming numbers 
of the enemy, to resign a victory already won, 
their graves are honored, and history invests 
their names with unfading renown. And while 
the national Legislature expresses the sympathy 
of the nation for their bereaved families and 
friends, we commend to a generous people and 



the army, which is now eager to renew the con- 
test, the imperishable honor of their example." 
It was unanimously passed. In the Senate, on 
motion of Mr. Latham, of California, it was con- 
sidered and unanimously passed. 

No. XV. — The Bill to provide for Allotment Cer- 
tificates among the Volunteer Frees. 
In the Senate, on the ninth of December, 
1861, Mr. Wilson, of Massachusetts, introduced 
a bill to provide for allotments of pay in the 
army. It was read twice, and referred to the 
Military Committee. On the seventeenth, Mr. 
Wilson reported it back from the committee, 
with an amendment in the nature of a substi- 
tute. The amendment proposed to strike out all 
after the enacting clause, and insert : 

"That the President shall appoint for each 
State having volunteers in the service not exceed- 
ing three persons, who shall be authorized by the 
President's commission to visit the several de- 
partments of the army in which volunteers 
from their respective States may be, and there 
procure from saM volunteers, from time to time, 
their respective allotments of pay to their fami- 
lies or friends. 

"That the persons appointed as commissioners 
to carry into effect the preceding section of this 
act shall receive no paj'^ or emoluments whatever 
from the Treasury of the United States. 

"That the fifth section of the act of twelfth 
June, 1858, giving sutlers a lien upon the sol- 
diers' pay, be repealed ; and all regulations giv- 
ing sutlers rights and privileges beyond the rules 
and articles of war be abrogated." 

Mr. Grimes moved to amend the amendment 
of the Military Committee, so as to pay to each 
of the commissioners two thousand dollars per 
annum without mileage. Mr. Wilson thought 
the amendment would endanger the passage of 
the bill, and Mr. Rice declared he should vote 
against it, if it were proposed to induce men to 
take a charitable office for money. Mr. Grimes's 
amendment was rejected, the amendment of the 
committee agreed to, and the bill as amended 
passed without a division. In the House, on the 
twentieth of December, Mr. Olin, of New- York, 
from the Military Committee, reported baclv the 
bill without amendment, and it was passed with- 
out a division ; and approved by the President, 
on the twenty-fourth of December, 1861. 

No. XVI. — The Bill relating to Courts-Afartial 

in the Army. 

In the Senate, on the ninth of December, 
1861, Mr. Wilson, of Massachusetts, introduced 
a bill relative to courts-martial, which was read 
twice, and referred to the Committee on Military 
Affiiirs. On the twelfth, Mr. Wilson reported it 
back with an amendment. The bill provided 
that in time of war the commander of a division 
or separate brigade might appoint general couits- 
martial, and confirm, execute, pardon, and miti- 
gate their sentences, as allowed and restrained in 
the sixty-fifth and eighty-ninth articles of war to 
commanders of armies and departments ; but sea- 



20 



REBELLION RECORD, 1864. 



tcnccs of such courts extending to loss of life or 
dismission of a commissioned officer, were to re- 
quire the confirmation of the general commanding 
the army in the field to which the division or 
brigade belonged. It was further provided that 
when the division or brigade commander should be 
the accuser or prosec\itor of an officer under his 
command, the court should be appointed by the 
next higher commander. The amendment of the 
Military Committee proposed to strike out the 
words, "of an officer under his command," so 
that it would read, "That when the division or 
brigade commander shall be the accuser or pro- 
secutor, the court shall be appointed by the next 
higher commander ;" and the amendment was 
agreed to. Mr. Doolittle suggested that the bill 
lie over, there was no occasion for its prompt 
passage. Mr. Wilson said the bill was in per- 
fect harmony with the articles of war. It had 
been submitted to the Secretary of War, and he 
had replied that " the bill has been submitted 
to the Commanding General of the army, who re- 
ports that such an act is, in his opinion, abso- 
lutely necessary to facilitate the transaction of 
judicial business in a large army, and should be 
passed with as httle delay as possible. The 
opinion of the Commanding General is concurred 
in and approved by this department." The bill 
was then passed without a division. In the 
House, on the twentieth of December, Mr. Blair, 
from the Military Committee, reported back the 
bill relative to courts-martial, without amend- 
ment, and it passed without a division. The 
President approved it on the twenty-fourth of 
December, 1861. 

No. XVII. — Joint Eesohition, expressive of the 
Becognition iy Congress^ of the patriotic and 
gallant services of Brigadier-General Nathan- 
iel Lyon^ and of the Officers and Soldiers under 
his Command. 

In the House, on the eleventh of December, 
1861, Mr. Blair introduced a joint resolution, 
expressive of the recognition by Congress, of the 
gallant and patriotic services of the late Briga- 
dier-General Nathaniel Lyon, and the officers 
and soldiers under his command at the battle of 
Springfield, Missouri. It declared, "That Con- 
gress deems it just and proper to enter upon its 
records a recognition of the eminent and patri- 
otic services of the late Brigadier-General Natha- 
niel Lyon. The country to whose service he de- 
voted his life, will guard and preserve his fame 
as a part of its own glory. 

That the thanks of Congress are hereby given 
to the brave officers and soldiers who, under the 
command of the late General Lyon, sustained 
the honor of the flag and achieved victory against 
overwhelming numbers at the battle of Spring- 
field in Missouri. And that in order to commem- 
orate an event so honorable to the country and 
to themselves, it is ordered that each regiment 
engaged shall be authorized to bear upon its col- 
ors the word " Springfield " embroidered in let- 
ters of gold; and the President of the United 
States is hereby requested to cause these reso- 



lutions to be read at the head of every regiment 

in the army of the United States. 

Mr. Edwards, of New-Hampshire, thought it in- 
expedient to require the President to have the 
resolution read at the head of every regiment in 
the army, and he moved to strike out so much of 
the resolution as required it. Mr. Colfax op- 
posed the motion, and it was rejected. The 
resolution was then unanimously passed. In 
the Senate, on the twelfth, the resolution was 
referred to the Military Committee, and on the 
twentieth, Mr. Wilson reported it back without 
amendment. The Senate, on motion of Mr. 
Wilson, proceeded to consider the joint resolu- 
tion, and after remarks by Mr. Pomeroy, of Kan- 
sas, and Mr. Dixon, and Mr. Foster, of Conneo 
ticut, it was unanimously passed. It was ap- 
proved by the President, on the twenty-fourth 
of December, 1861. 

No. XVIII. — Jjill authorizing the Appointment 
of one or more Assistant Secretaries of War.. 
In the Senate, on the twentieth of January, 
1862, Mr. Wade, of Ohio, introduced a bill to 
authorize the Secretary of War to appoint one 
or more assistant secretaries, which was read 
twice, and referred to the Military Committee. 
On the twenty-first, the Senate, on motion of 
Mr. Wade, discharged the Committee on Military 
Affairs, from the further consideration of the bill, 
and proceeded to its consideration. Mr. Wilson 
moved to strike out all after the enacting clause, 
and insert in lieu of it, " That the President be, 
and he is hereby, authorized to appoint two ad- 
ditional assistant secretaries of war, whose sa- 
lary shall each be three thousand dollars per an- 
num, who shall perform all such duties in the 
office of the Secretary of War, belonging to that 
department, as shall be prescribed by the Secre- 
tary of War, or as may be required by law ; the 
offices of these additional assistant secretaries to 
continue for one j^ear." On motion of Mr. Hale, 
the amendment was so amended as to provide 
that they should be appointed "by and with the 
advice and consent of the Senate." The amend- 
ment as amended was adopted as a substitute for 
the bill, and passed. In the House, on the same 
day, Mr. Gooch, of Massachusetts, moved that 
the bill be put on its passage, and demanded the 
previous question, which was ordered — yeas, 
seventy ; nays, thirty -five. On motion of Mr. 
Holman, of Indiana, the yeas and nays were 
taken on its passage, and being taken, resulted — 
yeas, ninety-one ; nays, thirty. So the bill passed, 
and was approved by the President, on the twen- 
ty-second of January, 1862. 

No. XIX. — The Resolution in.relation to the Al- 
lotment Certificates of Pay to Persons held a« 
Prisoners of War in the so-called confederate 
States. 

In the Senate, on the thirtieth of January, 
1862, Mr. Rice, of Minnesota, introduced a joint 
resolution, relative to allotment tickets to pris- 
oners of war. The Senate proceeded to consider 
the resolution, which required the Secretary of 



DOCUMENTS. 



21 



War to procure from such officers and enlisted 
men of the United States army, as were or there- 
after might be held as prisoners of war in the so- 
called confederate States, from time to time, their 
respective allotments of pay to their families or 
friends, certified by them in writing, and duly 
attested, in pursuance of such orders as might 
be made by the Secretary of War for that pur- 
pose, and upon which certified allotment he 
shall cause drafts to be made payable in New- 
York to the order of the persons to whom the al- 
lotments were or might be made, and to remit 
those drafts to the address of such person as 
might be designated in the allotment tickets. 
The resolution was then unanimously passed. 
The House concurred in passing the resolution, 
and it was approved by the President, on the 
sixth of February, 1862. 

No. XX. — The Bill to fromdefor the letter Or- 
ganization of the Signal Department of the 
Army. 

In the Senate, on the ninth of January, 1862, 
Mr. Wilson, from the Military Committee, report- 
ed a bill to provide for the better organization of 
the signal department of the army. On the 
tenth, the Senate proceeded to its consideration. 
It provided, that the President be authorized to 
appoint for service during the rebellion, as many 
signal officers, with the rank, pay, and emoluments 
of captains, or first lieutenants of cavalry, and 
as many enlisted men with the rank and pay of 
sergeants of cavalry as he might deem necessary. 
The bill also made the following appropriations : 
for the manufacture or purchase of signal equip- 
ments and signal stores, to equip and supply the 
forces now in the field, twenty thousand dollars. 
For contingent expenses of the signal department, 
one thousand dollars. For the manufacture or 
purchase of signal equipments and signal stores 
for countersign signals, to prevent the collision of 
friendly regiments, thirty -four thousand nine hun- 
dred dollars. Mr. Grimes moved to strike out 
"captains," and "first lieutenants," but after de- 
bate withdrew his motion, and on motion of Mr. 
Wilson, the first section, authorizing the President 
to appoint signal officers was stricken out. Mr. 
Sherman moved to amend by striking out the 
second section, providing that officers temporar- 
ily serving as signal officers, should receive for 
the time they were so serving, the pay and emo- 
luments of cavalry officers of their respective 
grades, but the motion was lost, and the bill as 
amended, passed. In the House, on the seven- 
teenth, Mr. Blair reported from the Military Com- 
mittee, the bill without amendment, it was 
passed, and approved by the President, on the 
twenty-second of February, 1862. 

No. XXI. — The Bill maJcing an Appropriation 

for comj}leting the Defences of the City of 

Washington^ and for other purposes. 

In the House of Representatives, December 

twentieth, 1861, Mr. Stevens, of Pennsylvania, 

from the Comitteee of Ways and Means reported 

a bill making an appropriation of one hundred 



and fifty thousand dollars for completing the 
defences of AVashington. Mr. Stevens asked 
for immediate action on the bill, which was 
recommended by the Chief-Engineer General 
Barnard. He stated that the defensive system 
of Washington, consisted of forty-eight works, 
mounting over three hundred guns, some of 
which were of very large size ; and the actual 
defensive perimeter occupied, was about thirty- 
five miles, exceeding the length of the famous 
(and hitherto the most extensively fortified ex- 
temporized field-works) lines of Torres Vedras 
by several miles. The bill was passed without a 
division. In the Senate, on the thirteenth of Jan- 
uary, 1862, Mr. Wilson, of Massachusetts, from 
the Itlilitary Committee, to whom the House bill 
had been referred, reported it without amendment. 
Mr. Clark, of New-Hampshire, moved to amend 
it by adding at the end, that the arrearages of 
all debts already incurred should first be paid 
out of this sum ; and the amendment was agreed 
to. Mr. Pearce, of Maryland, and Mr. King, of 
New- York, opposed its passage. Mr. Wilkinson, 
of Minnesota, moved further to amend, "that no 
part of the sum hereby appropriated, shall be 
expended on any work hereafter to be per- 
formed." On the twenty-first, the Senate re- 
sumed the consideration of the bill, and Mr. 
Wilkinson's amendment was agreed to. Mr. 
Wilson moved to amend it by adding two sec- 
tions, " That the fifth section of the act of the 
twenty-eighth of September, 1850, providing for 
the discharge from the service of minors enlisted 
without the consent of their parents or guard- 
ians, be, and the same hereby is, repealed : Pro- 
vided, That hereafter no person under the age of 
eighteen shall be mustered into the United States 
service, and the oath of enlistment taken by the 
recruit shall be conclusive as to his age. 

" That no volunteers or militia from any State 
shall be mustered into the service of the United 
States on any terms or conditions confining their 
service to the limits of said State or vicinity ; and 
if any such volunteers or militia are in service 
contrary to the provisions of this act, the same 
shall be discharged." Mr. Powell moved to . 
amend by striking out the words which provid- 
ed, that the oath of enlistment should be final 
and conclusive as to the age of the minor. Mr. 
Wilson stated that under the law of 1850, per- 
sons were often discharged as minors, who were 
twenty-four or twenty-five years of age. Mr. 
Powell, Mr. Clark, and Mr. Trumbull opposed 
making the oath of enlistment conclusive as to 
age. Mr. Nesmith, of the Military Committee, 
believed it wonld cut off very great abuses. Mr. 
Powell's amendment to the amendment was re- 
jected, and Mr. Wilson's amendment agreed to. 
Mr. Wilson moved to add as a new section, that 
the tenth section of the act of the tenth of April, 
1806, shall read : " That in time of war or rebel- 
lion against the supreme authority of the United 
States, all persons who shall be found lurking 
as spies, or acting as such, in or about the forti- 
fications, encampments, posts, quarters, or head- 
quarters of the armies of the United States, or 



22 



REBELLION RECORD, 1SG4, 



any of them, shall suffer death by sentence of a 
general court-inartiul." Mr. Collamer, of Ver- 
mont, moved " that the amendment ])e amended 
so as to confine it to those found lurking as spies 
around any fortification or post within any of 
that part of the United States which has been or 
may be declared to be in a state of insurrection ;" 
and the amendment to the amendment was 
agreed to — yeas, twenty-four ; nays, not counted. 
Mr. "Wilson then moved to amend by adding as a 
new section: "That the fifty-fifth article of the 
first section of the act of April tenth, 180G, 
chapter twenty, be, and the same is hereby, so 
amended as to read as follows : 

''Whoever, belonging to the armies of the 
United States in foreign parts, or at any place 
within the United States, or their territories, 
during rebellion against the supreme authority 
of the United States, shall force a safe-guard, 
shall suffer death. 

On the twenty-third, the Senate resumed the 
consideration of the bill, and the amendment to 
the fift3''-fifth article of war was agreed to. Mr. 
"Wilson then moved to modify Mr. Wilkinson's 
amendment, providing that no part of the money 
appropriated should be expended on work there- 
after performed, so that it would applj' to work 
thereafter commenced, and it was agreed to. 
The bill then passed without a division. 

In the House, on the twenty-ninth, Mr. Blair 
reported from the Military Committee, in favor of 
concurring in the Senate amendment, excepting 
the third section, providing, that no volunteers 
should be mustered into the service, on any con- 
ditions confining their service to the limits of their 
State, and that the House non-concur in that 
amendment. The report of the committee was 
concurred in. The Senate, on the thirtieth, dis- 
agreed to the amendment of the House to the 
Senate amendments. The House insisted upon 
its amendment, asked a committee of conference, 
and the chair appointed Mr. Blair, of Missouri, 
Mr. Thomas, of Maryland, and Mr. Hickman, of 
Pennsylvania, managers on the part of the 
House. On the fifth of February, the Senate, on 
motion of Mr. Wilson, insisted on its disagree- 
ment, concurred in a committee of conference, 
and the chair appointed Mr. Wilson, of Massa- 
chusetts, Mr. Grimes, of Iowa, and Mr. Hender- 
son, of Missouri, managers. In the House, on 
the ninth, Mr. Blair, from the committee of con- 
ference, reported that the House agree to the 
amendment of the Senate, with an amendment, 
so that it would read: "That no volunteers or 
militia from any State or territory shall be mus- 
tered into the service of the United States, on 
any terms or conditions confining their services 
to the limits of such State or territory, or their 
vicinity, beyond the number of ten thousand in 
Missouri, and four thousand five hundred in 
Maryland, heretofore authorized by the Presi- 
dent of the United States, or Secretary of War, 
to be raised in said States." Mr. Lovejoy moved 
to lay the report on the table, but the motion 
was lost, and it was then adopted, without a 
division. In the Senate, on the tenth, Mr. Wil- 



son, from the committee of conference, made a 
report, which was concurred in ; and the bill 
was approved by the President, on the thirteenth 
of February, 18G2. 

No. XXII. — The Bill providing for the Promul- 
gation of an additional Article of War, pro^ 
hihiting Officers of the Army from Jieturni?ig 
Fugitives from Service or Labor. 
In the House of Representatives, on the ninth 
of July, 1801, Mr. Lovejoy, of Illinois, introduced 
the following resolution, and demanded the pre- 
vious question upon its passage : " That in the 
judgment of this House, it is no part of the duty 
of the soldiers of the United States to capture 
and return fugitive slaves." Mr. Mallory, of 
Kentucky, moved to lay it upon the table — yeas 
sixty-six ; nays, eighty-one. The question recur- 
ring on agreeing to the resolution, Mr. Logan, of 
Illinois, demanded the yeas and nays, and tliey 
were ordered — yeas, ninety -three ; nays, fifty- 
five. 

In the Senate, on the fourth of December, 
1861, Mr. Wilson, of Massachusetts, gave notice 
of his intention to introduce a bill to punish of- 
ficers and privates of the army for arresting, de- 
taining, or delivering persons claimed as fugitive 
slaves. Mr. Lovejoy, of Illinois, in the House 
of Representatives, on the fourth of December, 
1861, introduced a bill, making it a penal offence 
to capture or return, or aid in the capture or re- 
turn of fugitive slaves. It was read twice, and 
its consideration postponed to the tenth of De- 
cember. In the Senate, on the seventeenth of 
December, Mr. Sumner, of Massachusetts, intro- 
duced, and asked for the immediate consideration 
of a resolution, providing that the Committee on 
Military Affairs and the Militia be directed to 
consider the expediency of providing, by addi- 
tional legislation, that our national armies shall 
not be employed in the surrender of fugitiv© 
slaves. Mr. McDougall, of California, objecting, 
the resolution went over under the rule ; but ii 
came up for consideration the next, and Mr, 
Sumner stated that he had received communica- 
tions in regard to the outrages committed in the 
armies. He said he was glad to know his friend 
and colleague, the Chairman of the Committee 
on Military Affairs, promised us at once a bill to 
meet this grievance. It ought to be introduced 
promptly, and to be passed at once. Mr. Cowan, 
of Pennsylvania, apprehended that there need be 
no possible difficult)' whatever upon this ques- 
tion in any of its aspects. The resolution was 
agreed to. 

Mr. Wilson, of Iowa, on the twcntj' -third of 
December, offered the following resolution, and 
demanded the previous question upon it : " That 
the Committee on Military Affairs be requested 
to report a bill to this House, for the enactment 
of an additional article of war, whereby all of- 
ficers in the military service of the United 
States, should be prohibited from using any por- 
tion of the forces under their respective com- 
mands for the purpose of returning fugitives from 
service or labor, and to provide for the punish- 



DOCUMENTS. 



23 



ment of such officers as might violate said ar- 
ticle by dismissal from the service. 

Mr. Wilson, of Massachusetts, on the twenty- 
third of December, introduced a bill in relation 
to the arrest of persons claimed to be held to 
service or labor by the officers of the military 
and naval service of the Untied States ; which 
was read twice, and referred to the Committee on 
Military Affairs. It declared that officers in the 
military service of the United States have, with- 
out the authority of law, and against the plain- 
est dictates of justice and humanity, caused 
persons claimed as fugitives from service or 
labor to be seized, held and delivered up ; and 
that such conduct has brought discredit upon 
our arms and reproach upon our Government; 
and it therefore proceeded to enact, that any of- 
ficer in the military or naval service of the 
United States, who should cause any person, 
claimed to be held to service or labor by reason 
of African descent, to be seized, held, detained, 
or delivered up to or for any persons claiming 
such service or labor, should be deemed guilty 
of a misdemeanor, and should be dishonorably 
discharged, and for ever ineligible to any ap- 
pointment in the military or naval service of the 
United States. 

On the sixth of January, 1862, Mr. Wilson 
reported back his bill from the Committee on 
Military Affairs, with an amendment. On the 
seventh of January, Mr. Wilson called it up, 
and the Senate proceeded to its consideration. 
The Committee on Military Affairs reported an 
amendment to sti'ike out all of the original bill, 
and insert as a substitute : That it should be un- 
lawful for any officer in the military or naval 
service of the United States to cause any person 
claimed to be held to service or labor by reason 
of African descent to be seized, held, detained, 
or delivered up to or for any person claiming 
such service or labor ; and any oiBcer so offend- 
ing should be discharged from service, and be 
for ever ineligible to any appointment in the mili- 
tary or naval service of the United States. Mr. 
Saulsbury, of Delaware, moved its indefinite 
postponement — yeas, thirteen ; nays, twenty- 
three. On motion of Mr. Carlisle, of Virginia, it 
was temporarily laid on the taVjle. 

The Senate, on the sixteenth of January, on 
motion of Mr. Wilson, took from the table and 
resumed the consideration of the bill to punish 
persons in the military and naval service, for 
arresting and delivering fugitive slaves. The 
pending question being on the amendment re- 
ported from the Committee on Military A ffiiirs, to 
strike out the original bill, and insert the amend- 
ment as a substitute, Mr. CoUamer, of Vermont, 
said : " Without criticising at all the form of 
expression of the proposed amendment, I offer 
a substitute for it, which I send to the chair : 
' No officer of the army or navy of the United 
States, or of the volunteers or militia in the 
service of the United States, shall assume or ex- 
ercise lany military command or authority to ar- 
rest, detain, hold or control any person, on ac- 
count of such person being holden to service as 



of African descent ; and any such officer so of 
fending shall be dismissed from service.' " Mr. 
Wilson accepted the amendment proposed by 
the Senator from Vermont. Mr. Powell asked 
that the bill be postponed, and the amendment 
be printed, " in order that we may have some 
time to look into it." "The amendment," re- 
plied Mr. Wilson, " is very plain and simple ; a 
child can comprehend its import. I hope that 
this important bill, which ought to have been 
passed on the second day of this session, for the 
honor of the country, will not be postponed any 
longer. " I have drawn up," said Mr. Saulsbury, 
"very hurriedly, an amendment, which I pro- 
pose to insert as an additional section: 'Nor 
shall any soldier or officer, under like penalty, 
entice away or detain any person held to serv- 
ice or labor in the United States, from his or her 
master or owner.' If you adopt," said Mr. 
Saulsburj^ "the amendment of the Senator from 
Vermont, you make it penal for a soldier or offi- 
cer to return even to a loyal master or ovmer 
his slave : but you provide no penalty against 
any soldier or any officer for depriving even a 
loyal master of the services of his slave. My 
amendment proposes to prohibit, under the same 
penalty, an officer or a soldier of the army from 
decoying or enticing away from the service a 
slave, or from harboring a slave." 

Mr. Rice, of Minnesota, proposed to amend Mr. 
Saulsbury's amendment by adding, " who may 
be a loyal citizen of the United States," and the 
amendment to the amendment was agreed to. 
Mr. Collamer thought that, under Mr. Saulsbury's 
amendment, if any soldier wanted to get dis- 
missed from the service, he would have nothing 
to do but to entice a slave and he would get him- 
self and the slave both dismissed. " I am op- 
posed," said Mr. Wilson, "to this amendment in 
every shape and form, and to any legislation pro- 
tecting, covering, or justifying slavery for loyal 
or disloyal masters. What I want to do is to 
put upon the statute-book of this country, a pro- 
hibition to the officers of the army from arrest- 
ing, detaining, and delivering up persons claimed 
as fugitives, by the use of military power." Mr. 
Pearce, of Maryland, said : " The Senator from 
Massachusetts objects to a proposition which 
forbids officers and soldiers of the army from en- 
ticing, harboring, or preventing the recovery — 
that is the amount of it — of a fugitive slave, 
known to be such, upon the application of his 
master, known to be his lawful owner, according 
to the laws of the State in which he lives. What 
is the effect of that ? It is an invitation to all 
the slaves of the State of Maryland, who can do 
so, to resort to this camp, sure of protection there, 
first, because no officer of the army can order 
their delivery up to their master, however loyal, 
or however indisputable his title may be to that 
slave." 

The bill was then reported to the Senate ; and, 
pending the question of concurring in Mr. Col- 
lamer's amendment, the Chair announced the 
special order of the day. 

In the House, Mr. Blair, of Missouri, on the 



24 



REBELLION RECORD, 1864. 



twenty-fifth of February, reported from the Com- 
mittee on ^lilitary Affairs a bill to make an addi- 
tional article of war. The bill provided, that 
hereafter the following shall be promulgated as 
an additional article of war for the government 
of the army of the United States, and shall be 
obeyed and observed as such : " AH officers are 
prohibited from employing any of the forces 
under their respective counnands for the purpose 
of returning fugitives from service or labor who 
may have escaped from any persons to whom 
such service or labor is claimed to be due. Any 
oflScer who shall be found guilty by court-mar- 
tial of violating this article shall be dismissed 
from the service." Mr. Bingham, of Ohio, moved 
to add, after the word "officers," the words "or 
persons in the military or naval service of the 
United States ;" and the amendment was agreed 
to. "You," said Mr. Mallory, of Kentucky, 
" are deciding, by this article of war, that the 
President of the United States shall not be per- 
mitted to send a military force into a State to 
aid the authorities of that State in enforcing a 
national law which stands on your statute-book." 
Mr. Mallory wished to postpone the bill to the 
third Wednesday in March. Mr. Lovejoy ob- 
jected to Mr. Blair yielding the floor. Mr. Blair 
would yield the floor to Mr. Mallory for the pur- 
pose indicated. Mr. Bingham hoped Mr. Blair 
would not yield the floor to allow this bill to be 
postponed to the end of March : " If that practice 
is to be pursued by the army and navy under the 
American flag, it ought to cover with midnight 
blackness every star that burns upon its field of 
azure, and with everlasting infamy the men who 
dare to desecrate it to such base uses." Mr. 
Vallandigham, of Ohio, moved to lay the bill 
on the table ; upon which Mr. Bingham demand- 
ed the yeas and nays — yeas, forty -four; nays, 
eighty-seven. Mr. Blair demanded the previous 
question upon the bill and amendment ; and it 
was ordered. He did not wish to press the bill 
to a vote to-night, and moved an adjournment ; 
but the motion was lost — yeas, fifty-nine ; nays, 
sixty-one. The question was then taken on the 
passage of the bill — yeas, eighty-three ; nays, 
forty-two. So the bill passed the House. 

In the Senate, on the fourth of March, Mr. 
Wilson reported back from the Military Com- 
mittee, without amendment, the House bill pro- 
viding for the promulgation of an additional ar- 
ticle of war, forbidding officers or persons in the 
military and naval service, on pain of dismissal 
from the service, to arrest or return fugitive 
slaves. Mr. Davis would like to offer an amend- 
ment, and desired that the bill should go over 
until to-morrow. Mr. Wilson would, with the 
understanding that we take up the bill and act 
on it to-morrow, withdraw his motion to proceed 
to its consideration, and the proposition was as- 
sented to. 

On the tenth of March, Mr. Wilson moved to 
take up the bill from the House of Representa- 
tives to make an additional article of war. " I 
move to amend the bill," sn-id Mr. Davis, "by 
inserting after the word ' due,' in the eleventh 



line of the first section, the words, ' and also 
from detaining, harboring, or concealing any such 
fugitive.'" Mr. Saulsbury moved to amend by 
adding at the end of the first section, " That 
this article shall not apply in the States of Dela- 
ware, Maryland, Missouri, and Kentucky, nor 
elsewliere where the Federal authority is recog- 
nized or can be enforced" — yeas, seven; nays, 
thirty. Mr. Saulsbury moved to amend the bill 
by inserting after the word " due " in the eleventh 
line of the first section, the word.s, " or for the 
purpose of enticing or dccojnng such persons, 
held to service or labor, from the service of their 
loyal masters." The question, being taken by 
yeas and nays, resulted — yeas, ten ; nays, twen- 
ty-nine. The bill was then passed — yeas, twen- 
ty-nine ; nays, nine. It was approved by the 
President on the thirteenth of March, 18G2. 

No. XXIII. — The Bill to provide for the Ap- 
pointment of Sutlers in the Volunteer Serv- 
ice, and to define their Duties. 
In the Senate, on the second of January, 1802, 
Mr. Wilson, of Massachusetts, agreeably to no- 
tice, introduced a bill for the appointment of sut- 
lers in the volunteers, and to define their duties, 
which was read twice, and referred to the Com- 
mittee on Military Affairs. On the seventh, Mr. 
AVilson reported it back with amendments. The 
bill provided : 

That the inspector-generals of the army should 
constitute a board of officers, whose duty it 
should be to prepare a list of such articles as 
might be sold by sutlers to the officers and sol- 
diers of the volunteer service — the list to be sub- 
ject to such revision as, in the judgment of the 
board, the good of the service might require ; but 
the sale of intoxicating liquors should be in no 
way authorized by the board. A copy of the 
list, and of any subsequent change therein, and 
a copy of the act should be furnished by the 
board to the commanding officer of each brigade 
and of each regiment not attached to any brigade 
in the volunteer service. 

That the acting brigadier-general, surgeon, 
quartermaster, and commissary of a brigade 
should constitute a board of officers, whose duty 
it shall be to affix to each article in the list a 
price for said brigade, which should be by them 
forthwith reported to the commanding officer of 
the division, if any, to which said brigade is at 
tached, for his approval, with or without modi 
fication, and who should, after such approval, 
report the same to the inspector-general ; and the 
same, if not di.sa[)proved by him, should be the 
price not exceeding which said articles might be 
sold. Whenever any brigade should not be at- 
tached to a division, said prices should then be 
reported directly to the inspector-general, and if 
approved by him, should be the price fixed for 
such brigade as aforesaid ; and whenever any 
regiment should be unattached to any brigade, 
the acting colonel, lieutenant-colonel, m:ijor, and 
two senior captains thereof should constitute the 
board of officers by whom the price of the ar- 
ticles should be fixed for said regiment in the 



DOCUMENTS. 



25 



same manner as was provided for an unattached 
brigade. The prices so fixed might be changed 
by the boards respectively from time to time not 
oftener than once in thirty days. 

That it should be the duty of the commanding 
officer of each brigade, upon receipt of a copy of 
the list and copy of the act, to cause one sutler 
for each regiment in his brigade, to be selected 
by the commissioned officers of such regiment, 
which selection should be by him reported to the 
adjutant-general of the army; and if the same 
was not disapproved by the Secretary of War, 
the person so selected should be commissioned 
as sole sutler of the regiment. Any vacancy in 
the office of sutler, caused by the disapproval of 
the Secretary of AV^ar or from any other cause, 
should be filled in the same way as an original 
appointment. 

That the sutlers chosen and commissioned 
should each be authorized to sell to the officers 
and soldiers of the regiment for which he had 
been chosen the articles designated in the list 
provided in the act, and none others, and at 
prices not exceeding those affixed to the articles. 
He should keep the list, together with a copj'- of 
the act, posted up in some conspicuous part of 
the place where he made his sales. 

That it should be the duty of the inspector- 
general to cause the place of sale and articles 
kept for that purpose, by the sutlers, to be in- 
spected from time to time, once in fifteen days at 
least, by some competent officer, and such chang- 
es in the place, or in the quality and character 
of the articles mentioned in the list so kept as 
should be required by said officer, should be con- 
formed to by each sutler. 

That there should be no sutler appointed for 
or permitted to sell to or trade with the officers 
or soldiers of any regiment in the volunteer ser- 
vice except such as should be selected and com- 
missioned in conformity with the provisions of 
this act. 

That any sutler who should violate any of the 
provisions of this act should, upon conviction 
thereof, be dismissed from the service and be in- 
eligible to a reappointment, and should forfeit all 
goods, chattels, and effects found within the lines 
of the army at the time of such violation, one 
half to the use of the United States and the other 
half to the use of the person or persons who 
should furnish such evidence as should lead to a 
conviction for any such violation. 

The Military Committee proposed to amend the 
first section, requiring reports to be made to the 
adjutant-general instead of the inspector-gen- 
erals, and the amendment was agreed to. The 
Committee proposed to strike out the provision 
prohibiting the appointment of a sutler except 
such as should be selected according to the pro- 
visions of the act, and insert that " no person shall 
be permitted to act as sutler unless appointed 
according to the provisions of this act ; nor shall 
any person be sutler for more than one regiment ; 
nor shall any sutler farm out or underlet the bu- 
siness of sutling or the privileges granted to him 
by his appointment ; nor shall any officer of the ! 



army receive from any sutler any money, or 
other presents ; and any officer receiving such 
presents, directly or indirectly, shall be dismissed 
from the service. No sutler shall sell to an en- 
listed man on credit to a sum exceeding one fourth 
of his monthly pay within the same month ; nor 
shall the regimental quartermasters allow the use 
of army wagons for sutlers' purposes, nor shall 
the quartermasters' conveyances be used for the 
transportation of sutlers' supplies : Provided, 
That nothing herein contained shall be so con- 
strued as to give sutlers a lien upon any part of 
the soldier's pay." The amendment was agreed 
to. Mr. Lane, of Kansas, moved to strike out 
all after the enacting clause and insert as a sub- 
stitute : " That from and after the first day of 
February, 1862, the position of regimental and 
brigade sutlers shall be abolished in the army of 
the United States, regular and volunteer forces." 
Mr. Lane declared regimental sutlers unneces- 
sary to the service ; the sutler was an actual in- 
jury to the service. Mr. Wilson had intended, 
when he moved in the matter early in the ses- 
sion, to abolish the sutlers and adopt a system 
such as we had in the navy ; but after consulting 
with the Quartermaster-General, the Commissary- 
General, the Inspector-Generals, the officers in 
the field, and with gentlemen of large experience, 
he had found it very difficult to apply to the land 
volunteer force the system so successfully work- 
ing in the navj^ He therefore proposed to 
regulate rather than abolish. Mr. Ten Eyck, of 
New-Jersey, thought the bill proposed would 
correct the abuses complained of Mr. Wilkin- 
son, of Minnesota, was opposed to the bill, and 
in favor of the motion of Mr. Lane. Mr. Fes- 
senden was in favor of some bill that would cor- 
rect the abuses, and the proposition of Mr. Wil- 
son struck him favorabl3^ Mr. Cai-lisle moved 
to recommit the bill with instructions to report a 
bill providing for a tobacco ration, and abolishing 
sutlers altogether. Mr. Grimes hoped the motion 
of Mr. Carlisle would not be adopted. Mr. Car- 
lisle would " strike at the existence of these offi- 
ces ; cut them down if they are unneccssar}' ; 
guard the soldier in the field from the sharks 
that are now following the army, that are absorb- 
ing what a generous Government is giving to its 
soldiers for their services, and that are throwing, 
as I know is the case in my own portion of the 
country, on the charities of those with whom the 
families of the soldiers reside to furnish to them 
the means of support." On the thirteenth, the 
Senate resumed the consideration of the bill, 
the pending question being on Mr. Carlisle's 
motion to recommit with instructions. Mr. Hale 
was for the abolition of sutlerships altogether. 
Mr. Wilson said if Senators did not wish to pass 
the bill there was but one other plan to adopt, 
and that was to authorize the Government to 
furnish the needed articles, and to authorize 
quartermasters to draw for them and deliver 
them to soldiers at cost prices. Mr. CoUamer 
suggested the modification of Mr. Carlisle's 
amendment so that tobacco may be furnished to 
soldiers who would pay for it ; and the motion 



28 



REBELLION RECORD, 1864. 



was so modified. On the twenty -ninth, the Senate 
resumed tlie consideration of the bill. Mr. AYil- 
son stated that his ori^^inal purpose was to rid 
the service of sutlers and adopt a S3'-stem such 
as existed in tlie navy ; and he had prepared with 
some care such a bill, and he was ready to pre- 
sent it. But " on reflection, on all the examin- 
ation I can give the subject, on inquiry at the 
"War Office, at the commissary department, at 
the quartermaster's department, on consultation 
with officers in the field, I am satisfied that fhc 
original bill as it was reported by the Committee 
on Military Affairs, which is a bill of regulation, 
will correct nearly all the abuses that now exist. 
I therefore prefer to make an amendment to the 
first section of the original bill, an amendment 
which I have prepared, on consultation with sev- 
eral officers in the field, and with persons who 
understand the subject. 

" I propose to add to the first sentence of the 
first section of the bill the list of articles that 
we propose to allow sutlers to sell. This list 
may be modified and changed by the inspec- 
tor-generals of the army, from time to time, as 
they see fit. I propose to amend the first section 
of the bill so it will read : That the Inspector- 
General of the army shall constitute a board of 
officer.s, whose duty it shall be to prepare, im- 
mediately after the passage of this act, a list or 
schedule of the following articles, which may be 
sold by sutlers to the officers and soldiers of the 
volunteer service, to wit : Apples, dried apples, 
oranges, figs, lemons, butter, cheese, milk, sirup- 
molasses, raisins, candles, crackers, wallets, 
brooms, comforters, boots, pocket looking-glass- 
es, tin glasses, tin wash-basins, shirt-buttons, 
horn and brass buttons, newspapers, books, to- 
bacco, segars, pipes, matches, blacking, blacking- 
brushes, clothes-brushes, tooth-brushes, hair- 
brushes, coarse and fine combs, emery, cro- 
cus, pocket-handkerchiefs, stationery, armor-oil, 
sweet-oil, rotten stone, razor-strops, razors, shav- 
ing-soap, soap, suspender.s, scissors, shoe-strings, 
needles, thread, knives, pencils, and Bristol- 
brick." The amendment was agreed to. Mr. 
Lane's motion to amend, by striking out all after 
the enacting clause, and inserting a provision 
abolishing sutlerships altogether, was lost. The 
bill was then passed without a division. In the 
House, on the fifth of March, Mr. Blair, from the 
Military Committee, reported back the Senate 
bill to provide for the appointment of sutlers. 
On the tenth, the House resumed its considera- 
tion. The Military Committee reported an 
amendment, striking out the enumerated list of 
articles in the first section, and the amendment 
was agreed to. The next amendment proposed 
to strike out the third section, providing for the 
appointment of sutlers by the officers of regi- 
ments, and have them appointed as provided by 
law. The amendment was lost. The Commit- 
tee reported an amendment to the fourth .section, 
giving the sutler a lien on one sixth of the of- 
ticer.s' and soldiers' pay. Mr. Thomas, of Massa- 
chusetts, proposed to amend the section so as to 
declare that the sutler should have no legal claim 



upon any officer, non-commi.ssioned officer, or 
])rivate, to an amount exceeding one fourth of 
his pay, for articles sold during any month. The 
amendment was agreed to. On motion of Mr. 
White, of Indiana, the vote striking out the list 
of articles in the first section was reconsidered, 
and the amendment rejected. ]\Ir. Wright, of 
Penn.sylvania, proposed to modify the Commit- 
tee's amendment to the fourth section, so that 
sutlers might have a lien on the .soldiers' pay, 
provided that they shall be allowed to sell only 
the articles designated in the list or schedule 
provided in the act, and none other.s, and at 
prices not exceeding those affixed to saM articles, 
as herein provided, and the sectiori vas so 
amended. The seventh section was so an. nded 
as to provide that any sutler who should violate 
any of the provisions of this act should, by the 
colonel, with consent of the council of ailminis- 
tration, be dismissed from the service. Mr. Aid- 
rich, of Minnesota, proposed a new section, pro- 
viding that any regiment should have the power 
to dispense with a sutler, whenever a majority 
of the regiment should so determine ; but the 
amendment was lost. Mr. Blake, of Ohio, moved 
to substitute for the bill an amendment, provid- 
ing that the office of sutler in the volunteer ser- 
vice of the army of the United States should be 
abolished : Provided, That the act take effect, 
and be in force from and after the first day of 
the coming May. The amendment was reject- 
ed, and the bill as aTuended passed without a 
division. In the Senate, on the eleventh, on 
motion of Mr. AVilson, the Senate disagreed to 
the House amendments to the sutler's bill, 
asked a committee of conference, and the chair 
appointed Mr. Wilson, Mr. Howard, and Mr. 
AYright conferees. The House, on motion of Mr. 
Blair, agreed to a conference, and the Speaker 
appoiu'ted Mr. Blair, of Missouri, Mr. McPherson, 
of Pennsylvania, and Mr. Richardson, of Illinois, 
conferees on the part of the House. On the 
fourteenth of March, Mr. Wilson, from the com- 
mittee of conference, reported that the Senate 
recede from its disagreement to the first, fourth, 
fifth, sixth, and seventh amendments of the 
House ; that the Senate recede from its disa- 
greement to the secondamendmentoftheIIou.se, 
which gave a lien of one sixth on the monthly 
pay of officers and privates, with a proviso, that 
if any paymaster in the service of the United 
States should allow, or pay any greater sum to 
any sutler than that thereby authorized to be re- 
tained from the pay of the officer.s, non-commis- 
sioned officers, musicians, or privates, for articles 
sold by any sutler during any one month, then 
the amount so allowed or paid by the paymas- 
ter should be charged against the said paymas- 
ter, and deducted from his pay, and returned to 
the officer, non-commissioned officer, musician, 
or private, against whom the amount was origin- 
ally charged. And any captain or lieutenant 
commanding a company, who might certify any 
pay-roll, bearing a charge in favor of the sutler 
against any officer, non-commissioned officer, 
musician, or private, larger or greater than one 



DOCUMENTS. 



27 



sixth of the monthly pay of such ofBcer, non- 
coiiiniissioned officer, musician, or private, should 
be punislied at the discretion of a court-martial ; 
thac the Senate recede from its disagreement to 
the eighth amendment of the House with an 
amendment providing that the sutler dismissed 
for violation of the laws should, in addition, be 
ineligible to a reappointment as sutler in the 
service of the United States. The report was 
concurred in. The House, on the seventeenth, 
adopted the report of the conference committee 
made bj' Mr. Blair, and the President approved 
the bill on the nineteenth of March, 18G2. 

No. XXIY. — Joint Eesolution autTiorizing the 
Secretary of War to accept Moneys appro- 
priateci by any State for the Payment of its 
Volunteers. 

In the Senate, on the eleventh of March, 1862, 
Mr. Wilson, from the Military Committee, re- 
ported a joint resolution to authorize the Secre- 
tar}' of ^Var to accept monej'S appropriated by 
any State for the paj^ment of its volunteers, and 
to apply the same as directed by such State. 

It authorized the Secretary of AYar, if any 
State during the present rebellion should make 
any appropriation to pay the volunteers of that 
State, to accept the same, and cause it to be ap- 
plied b^' the Paymaster-General to the payments 
designed by the legislative act making the appro- 
priation, in the same manner as if appropriated 
b}' act of Congress ; and also to make any regu- 
lations that might be necessar}^ for the disburse- 
ment and proper application of such funds to the 
specific purpose for Mhich they might be appro- 
priated by the several States. On the twelfth, it 
n'as considered and passed. 

The House, on the thirteenth, on motion of 
Mr. Blair, referred it to the Military Committee, 
and on the nineteenth Mr. Olin, of New- York, re- 
ported it back without amendment. After de- 
bate, in which Mr. Olin, Mr. Stevens, and Mr. 
Edwards took part, the joint resolution was 
passed. It was approved by the President on 
the nineteenth of March, 1862. 

No. XXY. — The Joint Resolution authorizing 
the President to assign the Command of Troops 
in the same Field or Department to Officers of 
the same Grade, without regard to Seniority. 
In the Senate, on the fourteenth of March, 1862, 
Mr. Y'ilson, of Massachusetts, from the Commit- 
tee on Military Affairs, reported a joint resolution 
to authorize the President to assign the command 
of troops in the same field or department, to offi- 
cers of the same grade, without regard to senior- 
ity. It provided that whenever military opera- 
tions might require the presence of two or more 
officers of the same grade in the same field or 
department, the President might assign the com- 
mand without regard to seniority of rank ; and 
also that he might dismiss from the service, at 
his discretion, without the sentence of a court- j 
martial, any officer of the army, when, in his 
judgment, the efficiency of the service would be 
promoted. I 



I Mr. Sherman thought it a very great power to 
^ authorize the President, at his discretion, to dis- 
\ miss an officer. Mr. McDougall desired that the 
resolution should lie over for consideration. On 
motion of Mr. Wilson, the Senate, on the seven- 
. teenth, resumed the consideration of the resolu- 
I tion. After remarks b}' Mr. Hale and Mr. Nes- 
1 mith, it was recommitted to the Militarj- Commit- 
tee. On the eighteenth, Mr. AVilson, from the 
Committee, reported it back with an amendment 
to strike out the words authorizing the Presi- 
dent to dismiss from the service, at his discretion, 
without the sentence of a court-martial, any offi- 
cer of the army, when in his judgment the effi- 
ciencj^ of the service would be promoted thereby ; 
the amendment was agreed to. The joint reso- 
lution providing that, whenever military opera- 
tions might require the presence of two or more 
officers of the same grade in the same field or 
department, the President might assign the com- 
mand of the forces in such field or department 
without regard to seniority of rank, was passed 
without opposition. In the House, on the second 
of April, on motion of Mr. Teuton, of New-York, 
the resolution was referred to the ililitary Com- 
mittee. Mr. Olin moved to reconsider the vote 
of reference, and it was agreed to — yeas, sixty- 
seven ; nays, twent)'-five. Mr. Stevens moved 
that the resolution lie on the table — yeas, forty- 
four; na3's, sixty-one. Mr. Yallandighani de- 
manded the yeas and nays on its passage, and 
they were ordered — yeas, eightj'-one ; nays, forty. 
So the resolution was passed, and approved by 
the President on the fourth of April, 1862. 

No. XXYI. — Bill to increase the Efficiency of the 
Medical Department of the Army. 
In the Senate, on the seventh of February, 
1862, Mr. Wilson introduced a bill to increase 
the efficiency of the medical department of the 
army, which was read twice and referred to the 
Committee on Military Affiiirs. On the twenty- 
second, Mr. Wilson reported it back with an 
amendment. The Senate, on the twenty -seventh, 
proceeded to consider it, the pending question 
being on the amendment reported by the Military 
Committee. The amendment proposed to strike 
out all after the enacting clause, and insert an 
amendment of seven sections, in the nature of a 
substitute. It provided that there should be 
added to the present medical corps of the army 
ten surgeons and ten assistant-surgeons, to be 
promoted and appointed under existing laws ; 
twenty medical cadets, and as many hospital 
stewards as the Surgeon-General might consider 
necessary for the public service. That the Sur- 
geon-General should have the rank, pay, and 
emoluments of a brigadier-general. There should 
be one assistant surgeon-general and one medical 
inspector-general of hospitals, each with the rank, 
pay, and emoluments of a colonel of cavalry ; and 
the medical inspector-general should have, under 
the direction of the Surgeon-General, the super- 
vision of all that relates to the sanitary condition 
of the army, whether in transports, quarters, or 
camps, and of the hygiene, police, discipline, and 



28 



REBELLION RECORD, 1864. 



efficiency of field and general hospitals, under 
such regulations as might thereafter be estab- 
lished. That there should be eight medical in- 
spectors, with the rank, pay, and emoluments 
each of a lieutenant-colonel of cavalr}^, and who 
should be charged with the duty of inspecting 
the sanitary condition of transports, quarters, 
and camps, of field and general hospitals, and 
who should report to the medical inspector-gen- 
eral, under such regulations as might be there- 
after established, all circumstances relating to the 
sanitary condition and wants of troops and of 
hospitals, and to the skill, efficiency, and good 
conduct of the officers and attendants connected 
with the medical department. That the Surgeon- 
General, the assistant surgeon-general, medical 
inspector-general, and medical inspectors, should 
be appointed by the President, by and with the 
advice and consent of the Senate, by selection 
from the surgeons of the army, without regard to 
their rank when so selected. That medical pur- 
veyors should be charged, under the direction of 
the Surgeon-General, with the selection and pur- 
chase of all medical supplies, including new stand- 
ard preparations, and of all books, instruments, 
hospital stores, furniture, and other articles re- 
quired for the sick and wounded of the arm}^ 
In all cases of emergency they might provide 
such additional accommodations for the sick and 
wounded of the army, and might transport such 
medical supplies as circumstances might render 
necessary, under such regulations as might be 
' thereafter established, and should make prompt 
and immediate issues upon all special requisitions 
made upon thetn under such circumstances by 
medical officers ; and the special requisitions 
should consist simply of a list of- the articles re- 
quired, the quantities required, dated, and signed 
by the medical officer requiring them. That when- 
ever the inspector-general, or any one of the medi- 
cal inspectors, should report an officer of the med- 
ical corps as disqualified, by age or otherwise, for 
promotion to a higher grade, or unfitted for the 
performance of his professional duties, he should 
be reported by the Surgeon-General for examina- 
tion to a medical board, as provided by the seven- 
teenth section of the act approved August third, 
1861. 

Mr. Wilson moved to amend the fourth sec- 
tion by striking out the word " surgeons " and 
inserting the words "medical corps," so that it 
would provide that the Surgeon-General, the as- 
sistant surgeon-general, medical inspector-gen- 
eral, and medical inspectors should be appoint- 
ed from the medical corps of the army, instead 
of the surgeons. After debate, in which Mr. 
Foster, Mr. Rice, Mr. Grimes, Mr. Wilson, and 
Mr. Sherman participated, the amendment to 
the amendment was agreed to. Mr. Grimes then 
moved to amend the same section by adding after 
the words inserted on motion of Mr. Wilson, the 
words " or of the volunteer medical corps in the 
service of the United States," so that the officers 
might be selected from the medical corps of the 
army or of the volunteers. After debate, the 
amendment of Mr. Grimes to the amendment of 



the Military Committee was agreed to. Mr. Ilale 
moved to amend by striking out the words " by 
selection from the medical corps of the army, or 
from the volunteer medical corps in tlie service 
of the United States, without regard to their 
rank when so selected ;" so that the President 
could select in or out of the military service ; but 
the amendment was rejected. Mr. Latham, of 
California, moved that volunteer surgeons should 
be examined for their appointments ; but the 
amendment was not agreed to. 

On motion of Mr. Sherman, the amendment of 
the Military Committee was amended by striking 
out tlie words, " that the Surgeon-General shall 
have the rank, pay, and emoluments of a briga- 
dier-general." The amendment of the Military 
Committee that the assistant surgeon-general, 
and the medical inspector-general of hospitals 
should have the rank, pay, and emoluments of 
colonels of cavalry, and on motion of Mr. Sher- 
man, the words "colonels of cavalry" were 
stricken out, and " surgeons of ten years' serv- 
ice" inserted. On motion of Mr. Sherman, the 
amendment was further amended, so that the 
medical inspectors should have the rank, pay, 
and emoluments of "assistant surgeons often 
years' service," instead of " lieutenant-colonels 
of cavalry." On motion of Mr. Grimes, it was 
amended so that the provisions of the bill should 
continue only during the rebellion, and the 
amendment of the Military Committee, as amend- 
ed, was agreed to, and the bill as amended, pass- 
ed without a division. 

The House, on the eleventh, referred the bill 
to the Military Committee, and on the twelfth it 
was reported back by Mr. Blair, with an amend- 
ment, in the nature of a substitute; the substi- 
tute being the original bill reported by the Sen- 
ate Military Committee. On the eighteenth, the 
House proceeded to consider the bill, the pend 
ing question being on the substitute reported by 
the Military Committee. Mr. Blair, of Missouri, 
Mr. McPherson, of Pennsylvania, Mr. Sherman, 
of New-York, Mr. Blake, of Ohio, and Mr. Kel- 
logg, of Illinois, discussed its provisions. Mr. 
Sherman, of New-York, moved to amend the sub- 
stitute by adding, at the end of the first section, 
" that their pay, and that of all hospital stew- 
ards in the volunteer as well as in the regular 
service, shall be forty-five dollars per month and 
one ration, to be computed from the passage of 
this act." On the ninth of April, the House re- 
sumed the consideration of the bill. After de- 
bate, Mr. Sherman's amendment was agreed to. 
Mr. McPherson, of Pennsylvania, then moved to 
amend the proposed substitute by striking out 
the words " the Surgeon-General to be appointed 
under this act shall have the rank, pay, and 
emoluments of a brigadier-general ;" but after de- 
bate it was rejected. Mr. Wallace, of Pennsyl- 
vania, moved to amend by striking out the word 
" regular," so that the appointments could be 
made from the volunteer or regular forces. The 
amendment was agreed to, the substitute report- 
ed by the Military Committee, as amended, was 
adopted, and the bill passed. 



DOCUMENTS. 



29 



The Senate, on the tenth, proceeded to consider 
the amendment of the House, and, on motion of 
Mr. Wilson, the Senate disagreed to it, asked a 
committee of conference, and Mr. Wilson, Mr. 
Lane, of Indiana, and Mr. Nesmith, were ap- 
pointed managers. The House insisted on its 
amendments, agreed to the committee of confer- 
ence, and the Speaker appointed Mr. Blair, of 
Missouri, Mr. McPherson, of Pennsylvania, and 
Mr. Steele, of New-York, managers on the part 
of the House. 

On the fourteenth, Mr. Wilson, from the com- 
mittee of conference, reported that " the Senate 
concur in the amendment of the House to the 
bill, with the following amendments: in section 
one, line seven, after the word 'service,' strike 
out the words ' shall be forty-five dollars per 
month and one ration,' and insert in lieu there- 1 tee a bill to authorize the appointment of medi- 



eration of the bill ; it was amended on motion of 
Mr. Wilson, so as to apply onlj'^ to soldiers in 
permanent hospitals, and passed without a divi- 
sion. In the House, on the twelfth, the bill was 
taken up on motion of Mr. Fen ton, of New- York. 
On motion of Mr. Richardson, of Illinois, it was 
so amended as to require the consent of the en- 
listed man to his discharge by the medical in- 
spectors. It was then passed without a division. 
The Senate, on the same day, concurred in the 
House amendment, and it was approved by the 
President on the fourteenth of May, 1862. 

No. XXVIIT. — Bill to authorize the Ap2)oint- 

ment of Medical Storekeepers. 

In the Senate, on the seventh of May, 1862, 
Mr. Wilson reported from the Military Commit- 



of the words 'shall be thirty dollars per month 
and at the end of said section add as follows : 
' and all medical cadets in the service shall, in 
addition to their pay, receive one ration per day, 
either in kind or commutation.' In section sev- 
en of said amendment of the House, strike out 
the whole section, and in lieu thereof insert the 
seventh section of the original bill of the Senate, 
with the following amendment thereto : at the end 
of the said seventh section of the Senate bill add 
as follows : '■ Provided, however, l:\\?it v^-han this 
act shall expire, all officers who shall have been 



cal storekeepers. It authorized the Secretary of 
War to add to the medical department of the ar- 
my, medical storekeepers, not exceeding six in 
number, who were to have the pay and emolu- 
ments of military storekeepers in the quarter- 
master's department, who were to be skilled 
apothecaries or druggists, who were to give the 
bond and security required by existing laws for 
military storekeepers in the quartermaster's de- 
partment, and to be stationed at such points as the 
necessities of the army might require. The provi- 
sions of the bill were to remain in force only during 



promoted from the medical staff of the army un- the continuance of the rebellion. On the eighth, 

the Senate proceeded to its consideration, and 
amended it on motion of Mr. Wilson, by adding 
a section, providing that the President was au- 
thorized to appoint, if he should deem it neces- 
sary, a chaplain for each permanent hospital, 
whose pay, with that of chaplains of hospitals 
heretofore appointed by him, should be the same 
as that of regimental chaplains in the volunteer 
force, and who should be subject to such rules in 
relation to leave of absence from duty as were 
prescribed for commissioned officers of the army. 
It was then passed. In the House, on the fif- 
teenth, Mr. Blair reported back the bill from the 
Military Committee, demanded the previous ques- 
tion, and under its operation it was passed. It 
was approved by the President on the twentieth 
of May, 1862, 



der this act shall retain their respective rank in 
the army with such promotion as they would 
have been entitled to.' " The Senate concurred 
in the report. On the fifteenth, Mr. Blair report- 
ed to the House, and the report was agreed to. 
So the bill passed, and was approved by the 
President on the sixteenth of April, 1862. 

No. XXVII.— TAe Bill to facilitate the Dis- 
charge of Enlisted Men for Physical Disahility. 
In the Senate, on the twenty-ninth of April, 
1862, Mr. Wilson, of Massachusetts, introduced 
a bill to facilitate the discharge of enlisted men 
for physical disability, which was read twice and 
referred to the Military Committee. On the se- 
cond of May, Mr. Wilson, from the Committee, 
reported it back without amendment. 

It empowered the medical inspector general, or 
any nredical inspector, to discharge from the serv- 
ice of the United States any soldier or enlisted 
man laboring under any ph3'sical disability which 
made it disadvantageous to the service that he 
be retained therein ; and the certificate in writ- 
ing of the inspector general or medical inspector, 
setting forth the existence and nature of such 
physical disability. Was to be sufficient evidence 
of the discharge ; but it was provided that every 
such certificate should appear on its face to have 
been founded on personal inspection of the sol- 
dier discharged, and should specifically describe 
the nature and origin of his disability ; and that 
the discharge should be without prejudice to the 
right of the soldier to the pay due him at its 
date. 

On the ninth, the Senate resumed the consid- 



No. XXIX. — A Bill providing that Company 
Officers of Volunteers should ie paid on the 
Pay-Poll of their Regiment or Company, ex- 
cept when on Detached Service. 
In the House, on the twenty-second of June, 
1862, Mr. Kellogg, of Michigan, introduced a bill 
providing that officers of volunteers should be 
paid on the pay-rolls of the regiments or compa- 
nies to which they belonged, which was read 
twice, and referred to the Committee on Military 
Affairs. On the thirteenth, Mr. Dunn, of India- 
na, reported it back without amendment. It 
provided that company officers of volunteers 
should be paid on the muster and pay-rolls of 
their company, party, or detachment, and not 
otherwise, except when such officer should be on 
detailed service without troops, or on leave of ab- 



30 



REBELLION RECORD, 1864. 



sence. The bill was passed without a division. 
The Senate, on the fourteenth, on motion of Mr. 
■\Vilson, took it up, considered, and passed it, 
and it was approved by the President on the 
eighteenth of June, 1SG2. 

No.XXX. — Bill to limit the Numher of Major- 
Generals' and Brigadier-Generals to le ap- 
pointed. 

In the Senate, on the second of May, 1862. 
Mr. Grimes introduced a bill to limit the appoint- 
ment of major-p;enerals and brigadier-generals in 
the army and volunteers, which was read tviice, 
and referred to the Committee on Military Affairs. 
On the fifth, Mr. Wilson reported it back with 
an amendment. Tt provided for the appointment 
of twenty major-generals, and two hundred bri- 
gadier-generals. 'JMie amendment proposed to 
make the number of major-generals " thirty " in- 
stead of " twenty." The amendment was agreed 
to, Mr. Hale irioved to strike out "two hun- 
dred," and insert " one hundred and eighty." 
The Senate, on the seventh, on motion of Mr. 
Wilson, resumed the consideration of the bill, 
the pending question being on Mr. Ilale's amend- 
ment, and it was further debated by Mr. Wilson, 
Mr. Hale, Mr. Harris, Mr. Lane, of Kansas, Mr. 
Ten Eyck, ^Ir. Chandler, and Mr. Grimes. The 
Senate resumed its consideration on the eighth, 
and the vote was taken on ]\Ir. Hale's amendment, 
and it was lost — yeas, sixteen ; nays, nineteen. 
The bill was then passed as amended. The 
House referred it to the Military Committee, and 
Mr. Olin, on the tenth of June, reported it back 
with a recommendation that it should not pass, 
and it was laid on the table. 

No. XXXL — The Bill to provide Additional 
Medical Officers of the Volunteer Service. 

Tn the Senate, on the ninth of June, 1862, Mr. 
Wilson, of Massachusetts, introduced a bill to 
provide for additional medical officers, which was 
read twice, and referred to the Military Commit- 
tee. On the tenth, the bill was reported back by 
Mr. Wilson without amendment. It authorized 
the President, by and with the advice and con- 
sent of the Senate, to appoint forty surgeons, and 
one hundred and twenty assistant-surgeons of 
volunteers, who were to have the rank, pay, and 
emoluments of officers of corresponding grades 
in the regular army, but no person was to be ap- 
pointed to any of those positions unless he 
should have been previously examined by a 
board of medical officers to be appointed by the 
Secretary of War, and vacancies in the grade of 
surgeon were to be filled by selection from the 
grade of assistant-surgeon, on the ground of 
merit only. The act was to continue in force 
only during the existence of the rebellion. The 
Senate, on the eleventh, proceeded to the con- 
sideration of the bill, and after debate, in which 
Mr-. Wilson, Mr. Grimes, Mr. Clark, Mr. Foster, 
Mr. Browning, and other Senators participated, 
it was passed without opposition. In the House, 
on the thirteenth, the bill was taken from the 



Speaker's table, and Mr. Blair moved to amend 
it, by adding two additional sections, providing 
that the office of brigade surgeon should be abo- 
lisheil, and tlie officers of that corps be hereafter 
designated surgeons of volunteers, and in all 
other respects be put upon the same footing as to 
rank, pa}^ and emoluments with the surgeons 
provided for in the act. That there should be 
added to each volunteer regiment in the service, 
an assistant-surgeon, to be appointed according 
to the existing laws of the several States, provid- 
ing for the ajipointment of regimental surgeons. 
The amendment was agreed to. On motion of 
Mr. Trimble, of Ohio, the bill was so amended as 
to provide that the surgeons appointed under this 
act, should be under forty years of age. The bill 
was then passed as amended, without a division. 
On the seventeenth, the Senate concurred in the 
House amendments, with an amendment striking 
out the proviso that the surgeon appointed under 
the act should be under forty years of age. The 
House concurred in the Senate amendment to the 
House amendment. On the second of Jul}'', the 
President returned the bill without his approval, 
for the reason that he had signed an act with the 
same title intended to supersede it, and on the 
question, shall the bill pass, the Senate unani- 
mously voted in the negative. In the Senate, on 
the twcntj'-fifth of June, Mr. Wilson introduced a 
bill to provide for additional medical officers of the 
volunteer service. The object, Mr. Wilson said, 
was to correct an error in the other bill then in 
the hands of the President. It was considered by 
unanimous consent, and passed. On the twenty- 
sixth of June, the House took from the Speaker's 
table the bill on motion of Mr. Olin, and, after ex- 
planations, it passed unanimously, and was ap- 
proved by the President, on the second of July, 
1862. 

No. XXXII. — The Joint Resolution to encour- 
age Enlistments in the Regular and Volunteer 
Forces. 

In the Senate, on the fourth of June, Mr. Wil- 
son introduced a joint resolution to encourage 
enlistments in the regular army and volunteer 
forces. It proposed that so much of the ninth 
section of "an act for the better organization of 
the military establishment" as abolished the 
premium paid for bringing accepted recruits to 
the rendezvous, should be repealed, and a pre- 
mium of two dollars be paid to any citizen, non- 
commissioned officer, or soldier, for an accepted 
recruit for the regular army ; and that every sol- 
dier who enlisted, either in the regular army or 
the volunteers, for three years, or during the 
war, might receive his first month's pay in ad- 
vance, upon the mustering of his company into 
the service, or after he should have been mus- 
tered into and joined a regiment already in the 
service. It was considered and passed. 

In the House, on the seventeenth, the joint 
resolution, on motion of Mr. Dunn, of Indiana, 
was taken up, read twice, and referred to the 
Military Conunittee. On the eighteenth, it was 
reported back by Mr. Olin, of New-York, and, 



DOCUMENTS. 



81 



after debate, passed, and was approved by the 
President, on the twenty-first of June, 1862. 

No. XXXIII. — Bill making Appropriations for 
the Support of the Army. 

The House, on the fourteenth of May, 1862, 
passed the bill maliing appropriations for the 
support of the army, for the year ending the 
thirtieth of June, 1863. 

In the Senate, on the twenty-first of June, 
Mr. Fessenden, from the Finance Committee, to 
which it had been referred, reported it back with 
amendments. The Senate proceeded, on the first 
of July, to consider the bill and amendments. The 
House appropriated for the pay of volunteers, 
under the acts of the twenty-second and twent3''- 
fifth of July, 1861, the sum of two hundred and 
twentj'-six million two hundred and cight3'-three 
thousand two hundred and eighty-two dollars. 
The Committee on Finance proposed to amend 
it by striking out that amount, and inserting in 
lieu of it, " one hundred and fifty million dol- 
lars : Provided, That the President shall not he 
authorized to increase the force of volunteers be- 
yond the number of seven hundred and fifty 
thousand men, rank and file ; nor to appoint 

more than major-generals, nor more than 

brigadier-generals. And all acts and parts 

of acts authorizing a larger force, or a greater 
number of major and brigadier-generals than are 
above provided for, are hereby repealed." Mr. 
King stated that he was authorized by the Mili- 
tary Committee to oppose the adoption of the 
amendment. Mr. Hale moved to amend the 
amendment so that it would read: "That the 
President shall not be authorized to appoint 
more than forty major-generals, nor more than 
two hundred brigadier-generals, and all acts and 
parts of acts authorizing a greater number of 
major and brigadier-generals than are above pro- 
vided for, are hereby repealed." After debate, in 
which Mr. Hale, Mr. King, Mr. Fessenden, Mr. 
Grimes, Mr. Dixon, Mr. Trumbull, and Mr. Fos- 
ter participated, the amendment was agreed to. 

The bill was furtlier amended, on motion of 
Mr. King, in obedience to the instructions of the 
Militar}' Committee, by adopting new sections, 
providing " that there should be added to the 
clerical force of the Surgeon-General's office one 
clerk of class one, and one clerk of class two ; 
and there should be added to the clerical force 
of the Paymaster-General's office three clerks of 
class four, six clerks of class three, eleven clerks 
of class two, and twenty clerks of class one ; 
and that there should be added to the clerical 
and other force of the Adjutant-General's office 
two clerks of class four, two clerks of class three, 
six clerks of class one, and ten other clerks at a 
monthly compensation of sixty dollars each ; and 
the Adjutant-General might detail ten more non- 
commissioned officers of the army as clerks in 
his office. That section five of the ' Act to au- 
thorize the employment of volunteers to aid in 
enforcing the laws and protecting public pro- 
perty,' approved July twenty-second, 1861 ; and 
section five of the 'Act to increase the present 



military establishment of the United States,' ap- 
proved July twentj^-ninth, 1861, should be so 
construed as to allow twenty-five dollars of the 
bounty of one hundred dollars therein provided, 
to be paid immediately after enlistment to every 
soldier of the regular army and volunteer forces 
thereafter enlisted during the continuance of the 
war ; and the sum of seven million five hun- 
dred thousand dollars is hereby appropriated for 
such payments. That the President of the 
United Stated be authorized, by and with the 
consent and advice of the Senate, to appoint as 
many military storekeepers in the quartermas- 
ter's department of the army as the exigencies of 
the service might require : Provided, Tlie whole 
number of military storekeepers in that depart- 
ment should not exceed twelve. That so much 
of the seventh section of the 'Act to found a mili- 
tary asylum for the relief and support of invalid 
and disabled soldiers of the army of the United 
States,' as required that ' all moneys, not ex- 
ceeding two thirds of the balance on hand of the 
hospital fund, and of the post fund of each mil- 
itary station, after deducting the necessary ex- 
penses,' should be set apart to support the Mili- 
tary Asylum, be repealed." And that two mil- 
lion dollars be appropriated for providing for the 
comfort of discharged soldiers, who might arrive 
in the principal cities of the United States, disa- 
bled by disease or wounds, and unable to pro- 
ceed to their homes, and for forwarding destitute 
soldiers to their homes. The House concurred 
in the amendments, and the bill passed, and was 
approved by the President, on the fifth of Jul}^, 
1862. 

No. XXXIV. — TTie Joint Resolution providing 
for the Presentation of ^'■Medals of Ilonor,''^ 
to the Enlisted Ifen of the Army and Volun- 
teer Forces, who have or who may distinguish 
themselves in Battle during the present Beiel- 
lion. 

In the Senate, on the thirteenth of May, 1862, 
Mr. Wilson reported from the ^lilitary Commit- 
tee a joint resolution to provide for the presenta- 
tion of "medals of honor" to enlisted men dis- 
tinguished in battle. It provided that the Pres- 
ident of the United States should be authorized 
to cause two thousand " medals of honor " to be 
prepared, with suitable emblematic devices, and 
to direct that the same be presented, in the 
name of Congress, to such non-commissioned of- 
ficers and privates as should most distinguish 
themselves by their gallantry in action, and other 
soldier-like qualities during the present insurrec- 
tion ; and that the sum of ten thousand dollars 
be appropriated for the purpose of carrying the 
resolution into effect. On the nineteenth, the 
resolution, on motion of Mr. Wilson, was taken 
up, ordered to be engrossed, and passed without 
division. In the House, on the tenth of July, 
Mr. Olin, from the Military Committee, reported 
back the joint resolution for the presentation of 
"medals of honor," and it was passed without 
division, and approved by the President, on the 
twelfth of July, 1862'. 



82 



REBELLION RECORD, 1864. 



No. XXXV. — The Bill prohihiting the Con- 
finement of Persons in the Military Service of 
the United States in the Penitentiary of the 
District of Columbia. 

In the House of Representatives, on the thu*- 
tecnth of June, 18G2, Mr. Bingham, of Ohio, 
from the Committee on the Judiciary, reported a 
bill to proliibit the confinement of persons in the 
military service in the Penitentiary of the Dis- 
trict of Columbia, except as a punishment of 
certain crimes, and to discharge from the prison 
certain convicts by sentence of court-martial, 
v^hich was recommitted to the Committee, with 
leave to report at any time. On the fifth of 
July, Mr. Bingham reported it back with amend- 
ments, and the House proceeded to its considera- 
tion. The bill provided that soldiers should not 
be confined in the Penitentiary of the District 
of Columbia, unless their offence, by common 
law, or a statute of the United States, subject 
them to such punishment ; or except for mutiny, 
desertion, or an attempt to incite mutiny. Mr. 
Dawes moved to amend bj'^ adding that " no per- 
son thereafter, upon the decision of a court-mar- 
tial, should be confined in any penitentiary in 
the United States, except under the conditions 
of the act." The amendment was agreed to, and 
the bill passed as amended. 

In the Senate, on the eighth of July, Mr. Wil- 
son, from the Military Committee, reported back 
the bill with amendments. The amendments 
proposed to strike out the words, " or such per- 
son be convicted of mutiny, or desertion, or an 
attempt to incite mutiny." Mr. Grimes op- 
posed the amendment ; Mr. Wilson, Mr. Harris, 
and Mr. Rice supported it ; and it was agreed 
to, and the bill, as amended, passed on the 
twelfth. On the same day, the House, on mo- 
tion of Mr. Wilson, of Iowa, took the bill 
from the Speaker's table, and, after debate, it 
was referred to the Judiciary Committee, with 
leave to report at any time. The House disa- 
greed to the Senate amendments, and asked a 
committee of conference, and appointed Mr. 
Wilson, of Iowa, Mr. Dawes, of Massachusetts, 
and Mr. Phelps, of Missouri, managers. In the 
Senate, on the fourteenth, Mr. Wilson moved 
that the Senate insist on its amendments, and 
concur in the conference asked for by the House. 
The motion prevailed, and Mr. Wilson, Mr. 
Lane, of Indiana, and Mr. Wilkinson, were ap- 
pointed managers. On the fifteenth Mr. Wil- 
son, from the conference committee, reported, 
"that the House recede from its disagreement to 
the amendment of the Senate to the bill, and 
agree to the same ;" and the report was accepted. 
In the House, on the sixteenth, Mr. Wilson, of 
Iowa, made a report from the conference com- 
mittee, and it was agreed to, and the bill was 
approved by the President, on the sixteenth day 
of July, 18(52. 

No. XXXVI. — The Joint Resolution to authorize 
the Secretary of War to furnish extra Cloth- 
ing to Sick and Wounded Soldiers. 
In the House, on the fifth of July, 1862, Mr. 



Hale, of Pennsylvania, by unanimous consent, 
introduced a bill authorizing the Secretary of 
War to furnish extra clothing for sick and wound- 
ed soldiers. It proposed to "authori.'.c the Secre- 
tary of War to furnish extra clothing to all sick, 
wounded, and other soldiers who might have lost 
the same by the casualties of war, under such 
rules and regulations as the department might 
prescribe, during the existence of the insurrec- 
tion." It was read three times and passed. The 
Senate referred it to the Committee on Military 
Affairs, and on the tenth, Mr. Wilson reported it 
back without amendment. By unanimous con- 
sent, it was read>three times and passed. It was 
approved by the President on the twelfth of Ju- 
ly, 1862. 

No. XXXVII.— 7^.5 Bill to amend the Act call- 
ing forth the Militia to execute the Laws., sup- 
press Insurrection, and repel Invasions. 
In the Senate, on the eighth of July, 1862, 
Mr. Wilson, of Massachusetts, from the Com- 
mittee on Military Affairs, reported a bill to 
amend the act calling forth the militia to execute 
the laws of the Union, suppress insurrection, 
and repel invasions, approved February twenty- 
eighth, 1795, which was read a first time, and 
passed to a second reading. On the ninth, the 
Senate resumed the consideration of the bill to 
amend the acts calling forth the militia to exe- 
cute the laws. It provided that whenever the 
President should call forth the militia to be em- 
ployed in the service of. the United States, he 
might specify in his call the period for which 
such service would be required, and the militia 
so called should be mustered in, and continue to 
serve, for the term specified, unless sooner dis- 
charged ; and the organization of the militia, 
when so called into service, was to be conformed 
to the organization prescribed by the laws for 
volunteers. Mr. Grimes, of Iowa, moved to 
amend the bill by adding three sections provid- 
ing that there should be no exemption fi-om the 
performance of military duty under any militia 
law of the United States on account of color or 
lineage ; but whenever the militia should be call- 
ed into service, all loyal, able-bodied male per- 
sons, between the ages now fixed by the laws 
of the United States, should be called to the de- 
fence of the country. That when the militia 
should be called into the service of the United 
States, under any law of the United States, the 
President should have full power and authority 
to organize them into battalions, regiments, bri- 
gades, and divisions, according to their race or 
color, as he should believe that the public in- 
terest might require ; and that the provisions of 
the two preceding sections should be construed 
so as to apply to and include volunteers who 
might thereafter be called into the service of the 
United States, and all persons who had been, or 
might thereafter be, enrolled in the service as 
volunteers, or as militia, should receive the pay 
and rations of soldiers as allowed by law accord- 
ing to their respective grades. Mr. Saulsbury, 
of Delaware, and Mr. Carlisle, of Virginia, op- 



DOCUMENTS. 



33 



posed the amendment. Mr. King, of New-York, 
suggested a modification of the amendment so 
that the first two sections would read : " That 
the President be authorized to receive into the 
service of the United States, for the purpose of 
constructing intrenchments, or performing camp- 
service, or any other hxbor, or any war-service for 
which they may be found competent, persons of 
African descent ; and such persons shall be en- 
rolled and organized under such regulations, not 
inconsistent with the Constitution and laws, as 
the President may prescribe, and they shall 
be fed, and paid such compensation for their 
services as the}^ may agree to receive when en- 
rolled ; and that when any man or boy of Afri- 
can descent shall render any such service as is 
provided for in the first section of this act, he, 
his mother, and his wife and children shall for 
ever thereafter be free, any law, usage, or custom 
whatsoever to the contrary notwithstanding." 
Mr. Grimes accepted the amendment in lieu of 
the first sections of his amendment. Mr. Sauls- 
bury denounced the measure as " the most mag- 
nificent scheme of emancipation yet proposed." 
Mr. Sherman, of Ohio, had no doubt of the con- 
stitutional power of Congress t.o enroll black and 
white, free and slave for the defence of the coun- 
try ; but it would affect alike the loyal and dis- 
loyal ; would therefore be unjust, and should be 
modified. Mr. Fessenden, of Maine, said: ''I 
would do nothing that a civilized people ought 
not to do ; I would employ no barbarians ; I 
would not bring back the days of the tomahawk 
and scalping-knife ; but any thing within the 
rules of civilized warfare that it is in my power 
to do, I would do, and it ought to be done." Mr. 
Rice, of Minnesota, thought the nation must 
speedily acknowledge the independence of the 
Confederacy, "or use all the means given us by 
the Almighty to prosecute the war to a success- 
ful termination." Mr. Wilson confessed that he 
looked " with something of admiration upon the 
mode in which the Southern traitorous leaders 
have carried on this war. They commenced the 
war by taking humanity by the throat, by putting 
under their feet every moral sentiment, every 
law of Almighty God. They planted themselves 
in defiance of God and of man upon the founda- 
tion of eternal slavery. Standing before the na- 
tions in that position, in defiance of all that is 
sacred, pure, and holy on earth, they have ap- 
pealed to their people, to their passions, to their 
prejudices, to their hate ; they have organized 
their people ; they have issued their conscrip- 
tions, using every man who could do any thing, 
no matter how halt or maimed he might be, if he 
could strike a blow ; they have carried on their 
military operations with great ability, and shown 
vast powers and great administrative ability, and 
great military ability. We are in one of the 
darkest periods of this contest, and we had bet- 
ter look our position in the face, meet the respon- 
sibilities of the hour, rise to the demands of the 
occasion, pour out our money, summon our men 
to the field, go ourselves, if we can do any good, 
and overthrow this confederate power that feels 
Vol. IX.— Doc. 3 



to-day, over its recent magnificent triumph t«. that 
it has already achieved its independence. Bold 
and decisive action alone, in the cabinet and in 
the field, can retrieve our adverse fortunes, and 
carry our country triumphantly through the per- 
ils that threaten to dismember the republic." 
Mr. Davis, of Kentucky, opposed the calling out 
of negroes for military purposes. Mr. Wilkin- 
son and Mr. Rice supported that policy. 

On the tenth, the Senate resumed the consider- 
ation of the bill. Mr. Collamer, of Vermont, had 
no doubt of the power to use colored men for the 
defence of the country : it mms simply a question 
of expediency. Mr. Ten Eyck proposed so to 
amend the amendment as to strike out the words 
"any military or naval," before "service." He 
thought it would not affect the section, but would 
relieve it of its asperity. Mr. King opposed the 
amendment of Mr. Ten Eyck. The Ohair ruled 
that Mr. Ten Eyck's amendment was not in or- 
der. Mr. Davis moved to amend by striking out 
the words, " or any military or naval service for 
which they may be found competent." After 
remarks by Mr. Doolittlo, of Wisconsin, and Mr, 
Hale, of New-Hampshire, the vote was taken, 
and the amendment of Mr. Davis lost — yeas, 
eleven ; nays, twenty-seven. Mr. Saulsbury 
moved to postpone indefinitely the consideration 
of the bill, but the motion was lost — yeas, nine ; 
nays, twenty-seven. Mr. Henderson, of Mis- 
souri, moved so to amend the bill as to provide 
only for the freedom of persons of African de- 
scent as owe service to persons engaged in the 
rebellion — yeas, thirteen ; nays, twentj^-two. Mr. 
Henderson then moved to so amend the amend- 
ment as to provide that loyal persons should be 
compensated for the loss of the services of the 
slaves employed under the provisions of the act — 
yeas, twenty ; nays, seventeen. The amendment 
of Mr. Grimes, as amended, was then agreed to. 
The question recurring on the second section of 
Mr. Grimes's amendment, providing that when 
any man or boy should render service, he, his 
mother, wife and children should be free, Mr. 
Sherman moved to amend it so as to apply only 
to persons owing service to any person who has 
borne arms against the United States, or adhered 
to their enemies by giving them aid and comfort- 
yeas, twenty-two ; nays, sixteen. Mr. Browning, 
of Illinois, moved to amend the amendment by 
striking out of the persons to be made free, " his 
mother, wife, and children." Mr. Lane, of Kansas, 
and Mr. King opposed the amendment of Mr. 
Browning, and on the eleventh it was rejected — 
yeas, seventeen ; nays, twenty-one. Mr. Browning 
then moved to amend by adding as a proviso : 
" That the mother, wife, and children of such 
man or boy of African descent shall not be made 
free by the operation of this act, except vrhere 
such mother, wife, and children owe service or 
labor to some person who, during the present 
rebellion, had borne arms against the United 
States, or adhered to their enemies by giving 
them aid and comfort." Mr. Cowan, of Penn- 
sylvania, and Mr. Davis supported the amend- 
ment, and Mr. Howe, of Wisconsin, Mr. Harlan, 



S4 



REBELLION RECORD, 1864. 



of Iowa, and Mr. Wilkinson, of Minnesota, op- 
posed it. 

On the twelfth, Mr. Wilson, from the Commit- 
tee on Military Affixirs, reported a bill to amend 
the "Act calling forth the militia to execute the 
laws of the Union, suppress insurrections, and 
repel invasions," approved February twenty- 
eighth, 1705, and the acts amendatory thereof, 
and for other purposes ; which was read twice, 
and ordered to be printed. The bill contained 
fifteen sections, and provided that whenever the 
President should call forth the militia, he might 
specify in his call the period for which such 
service would be required, not exceeding nine 
months ; and if, by reason of defects in existing 
laws or in the execution of them in the several 
States, or any of them, it should be found neces- 
sary to provide for enrolling the militia, and 
otherwise putting the act into execution, the 
President was authorized to make all necessary 
rules and regulations ; and the enrolment should 
include all able-bodied male citizens between the 
ages of eighteen and forty-five, and be apportion- 
ed among the States according to representative 
population. That the militia, when so called into 
service, should be organized in the mode pre- 
scribed by law for volunteers. That the President 
be authorized to accept the services of any num- 
ber of volunteers, not exceeding one hundred 
thousand, as infantry, for a period of nine months, 
and every soldier who should enlist under the 
provisions of the section should receive his first 
month's pay, and also twenty-five dollars as 
bounty. That for the purpose of filling up the 
regiments of infantry then in the service, the 
Pi'esident be authorized to accept the services of 
volunteers for twelve months, and such volun- 
teers should be in all respects upon a footing 
with similar troops in the United States service, 
except as to service bounty, which should be fifty 
dollars, one half to be paid upon their joining 
their regiments, and the other half at the expira- 
tion of their enlistment. That the President should 
appoint a judge-advocate general, with the rank, 
pay, and emoluments of a colonel of cavalr^r, to 
whose office should be returned, for revision, the 
records and proceedings of all courts-martial and 
military commissions, and where a record should 
be kept of all proceedings had thereupon — and 
no sentence of death, or imprisonment in the 
penitentiary, should be carried into execution 
until the same should be approved by the Presi- 
dent. That there might be appointed by the Pres- 
ident for each army in the field a judge-advocate, 
with the rank, pay, and emoluments, each, of a 
major of cavalry. That thereafter all oSenders in 
the army adjudged to be punished by a court- 
martial should be brought before a field-ofliccr 
of his regiment, who should hear and determine 
the offence, and order the punishment to be in- 
flicted. That all officers who had been mustered 
into the service of the United States as battalion 
adjutants and quartermasters of cavalry under 
the orders of the War Department, exceeding the 
number authorized by law, should be paid as 
such for the time they wero actually employed 



in the service of the United States, and that all 
such officers then in service exceeding the num- 
ber, should be immediately mustered out of the 
service. That the President be authorized to es- 
tablish and organize army corps. That each army 
corps should have the following officers attached, 
who should constitute the statf of the command- 
er — one assistant adjutant-general, one quarter- 
master, one commissary of subsistence, and one 
assistant inspector-general, who should bear re- 
spectivel}', the rank of lieutenant-colonel, and 
who should be assigned from the army or volun- 
teer force by the President ; and also three aides- 
de-camp, one to bear the rank of major, and two 
to bear the rank of captain ; and the senior offi- 
cer of artiller}^ in each army should, in addition 
to his other duties, act as chief of artillery and ord- 
nance at the headquarters of the corps. That the 
cavalry forces should be thus organized — each 
regiment of cavalry should have one colonel, one 
lieutenant-colonel, three majors, one surgeon, one 
assistant surgeon, one regimental commissary, 
one sergeant-major, one quartermaster-sergeant, 
one commissary-sergeant, two hospital stewards, 
one saddler-sergeant, one chief trumpeter, and 
one chief farrier or blacksmith ; and each regi- 
ment should consist of twelve companies, and 
each company should have one captain, one first 
lieutenant, one second lieutenant, and one super- 
numerary second lieutenant, one first sergeant, 
one quartermaster sergeant, one commissary ser- 
geant, five sergeants, eight corporals, two team- 
sters, two farriers or blacksmiths, one saddler, 
one wagoner, and seventy-eight privates ; the 
regimental adjutants, the regimental quarter- 
masters, and regimental commissaries to be 
taken from their respective regiments. That the 
President be authorized to receive into the serv- 
ice of the United States, for the purpose of con- 
structing intrenchments, or performing camp 
service, or any other labor, or any military or 
naval service for which they may be found com- 
petent, persons of African descent ; and such per- 
sons should be enrolled and organized under 
such regulations as the President might pre- 
scribe. That when any man or bo}'' of African 
descent should render any such service as was 
provided for in the act, he, his mother and his 
wife and children should for ever thereafter be 
free, any law, usage^ or custom whatsoever to 
the contrary notwithstanding. That ten million of 
dollars be appropriated to carry the provisons of 
the act into eifect. That all persons who had been 
or should be enrolled in the service under the 
act, should receive the pay and rations allowed 
by law to soldiers according to their respective 
grades: Provided, that persons of African descent 
should receive ten dollars per month and one 
ration. 

On the fourteenth, on motion of Mr. Sherman, 
the bill was amended, so that three dollars of 
the ten dollars of compensation of colored per- 
sons should be in clothing. On motion of Mr. 
King, the bill was amended, by striking out 
ten million dollars, and inserting that the ex- 
penses incurred in carrying the act into effect, 



DOCUMENTS. 



35 



should be paid out of the general appropriation moved that the bill be laid upon the table, but 



for the army. Mr. Sherman moved to amend 
the bill, by providing that all enlistments there- 
after made should be credited to the States re- 
spectively in which the same should be made, 
and be deducted from any future draft in pur- 
suance of the act ; but it was rejected. On mo- 
tion of Mr. Hale, the bill was so amended as to 
limit the number of staff-officers of corps com- 
manders to the number provided for in the tenth 
section. 

On the fifteenth, the Senate resumed the con- 
sideration of the bill. Mr. Sherman moved to 
amend the thirteenth section, so as to make it 
read: "That when any man or boy of African 
descent, who, by the laws of any State, shall 
owe service or labor to any person who, during 
the present rebellion, has levied war, or has 
borne arms against the United States, or ad- 
hered to their enemies, by giving them aid and 
comfort, shall render any such service as is pro- 
vided for in this act, he, his mother, and his wife 
and child, shall for ever thereafter be free." Mr. 
Lane, Mr. Poraeroy, ^Ir. Howard, and Mr. Har- 
lan opposed the amendment, but it was agreed 
to — ^}'eas, eighteen ; nays, seventeen. Mr. Wil- 
son moved to amend the bill, by adding that 
medical purveyors and storekeepers should give 
bonds in such sum as the Secretar}^ of War 
might require, with securrty to be approved by 
him, and the amendment was agreed to. Mr. 
Wilson then moved an additional section, pro- 
viding that the sum of fifteen thousand dollars 
be appropriated for the purchase of artificial 
limbs for soldiers and seamen disabled in the 
service of the United States, to be expended un- 
der the direction of the Surgeon-General ; but, 



the motion was lost —yeas, thirty ; naj's, seventy- 
seven. The previous question was then ordered, 
and the bill passed. It was approved by the 
President on the seventeenth of July, 1862. 

No. XXXVIIL— T^e Bill to define the Pa;/ and 
Emoluments of certain Officers of the Army, 
and for other purposes. 

In the Senate, on the twenty-eighth of Janu- 
ary-, 1802, :Mr. AVilson, of Massachusetts, intro- 
duced a bill to define the pay and emoluments 
of certain officers in the arm_y, which was read 
twice, and referred to the Committee on Military 
Affairs. On the fourth of February, Mr. Wilson 
reported it back, with an amendment as a sub- 
stitute. On the fifth, the Senate, on motion of 
Mr. Wilson, proceeded to the consideration of 
the bill, the pending question being upon the 
amendment as a substitute. The amendment 
provided that officers of the army having brevet 
commissions should not be entitled to any in- 
crease of pay or emoluments, because of the ex- 
ercise of command according to their brevet rank. 
That officers entitled to forage for horses should 
not be allowed to co.mraute it, but should draw 
the allowance in kind. That major-generals 
should be entitled to draw forage for four horses; 
brigadier-generals for three horses ; colonels, 
lieutenant-colonels, and majors, two horses each; 
captains and lieutenants of cavalry and artillery 
for two horses each ; and chaplains for one horse. 
That whenever an officer of the army should era- 
ploy a soldier as his servant, he should, for each 
month deduct, from his own monthly pay, the 
full amount paid to or e.x'pended by the Govern- 
ment per month on account of the soldier. That 



on the suggestion of Mr. Grimes, he withdrew it, j the first section of the act approved August sixth, 



and it was, by unanimous consent, put as an 
amendment on to the supplemental civil appro- 
priation bill. 

Mr. Browning moved to strike out the words, 
'' his mother, wife and children," so that the bill 
would simply provide for the freedom of the per- 
son of African descent rendering military service, 
but the amendment was lost — yeas, seventeen ; 
nays, twenty. Mr. Browning then moved to 
amend, by adding a proviso, that the mother, 
wife and children of such man or boy of African 
descent should not be made free b}' the opera- 
tion of the act, except where such mother, wife, 
or children owed service or labor to some person 
who, during the rebellion, had borne arms against 
the United States, or adhered to their enemies, 
b}- giving them aid and comfort. The amend- 
ment was supported by Mr. Henderson, and 
agreed to — 3'eas, twentA'-one ; naj's, si.xteen. 
After debate by Mr. Wright, of Indiana, Mr. 
Henderson, of Missouri, and Mr. Powell, of 
Kentucky, the vote was taken on the passage 
of the bill, and it "passed — yeas, twent^'-eight ; 
naj's, nine. 

In the House, on the sixteenth, on motion of 
Mr. Stevens, the bill was taken from the Speak- 
er's table, and read twice. Mr. Stevens moved 
the previous question. Mr. Holman, of Indiana, 



1861, increasing the pay of privates, should not 
be so construed as to increase the emoluments 
of the commissioned officers. That so mucli of 
the act approved twent^'-second Jul}', 1801, as 
authorized each regiment of volunteers to have 
twenty-four musicians for a band, be repealed. 
That each brigade should have sixteen musicians 
as a band, to be selected from the regimental 
bands mustered out of service. That, in lieu of 
the present rate of mileage allowed to officers, 
not more than six cents per mile should tliere- 
after be allowed, unless when an officer was 
ordered from a station east of the Rocky Mount- 
ains to one west of the same mountams, or vice 
versa, when ten cents per mile should bo al- 
lowed. That, during the continuance of the pres- 
ent rebellion, there should be deducted from the 
compensation of all persons emplo^-ed in the 
military, naval, and civil service of the United 
States, except warrant officers and sailors in the 
navy, and non-commissioned officers, musicians, 
and privates in the arm}', ten per centum of the 
amount of their compensation. That in each of 
the permanent hospitals, where the President 
might deem it necessary, he might appoint a 
chaplain. That no person should be appointed 
a chaplain in the United States army who was 
not a regularly ordained minister of some reli- 



36 



REBELLION RECORD, 1864. 



giouR denomination. Th.it so much of the act 
approved July twenty-second, 1801, as allowed 
forty cents per day for the use and risk of the 
horses of compan}' officers of cavalry, he repeal- 
ed. That whenever an officer should he put 
under arrest, except at remote military posts or 
stations, it should he the duty of the officer hy 
whose orders he was arrested, to see that a copy 
of the charges on which he had been arrested 
and was to be tried should be served upon him 
within eight days thereafter, and that he should 
be brought to trial within ten days thercaftei', 
unless the necessities of the service prevent 
such trial, and then he should be brought to 
trial within thirty days after the expiration of 
the ten days. That whenever the name of any 
array officer should have been borne on the 
Army Register forty-five j'^ears, or he should he of 
the age of sixty-two j'cars, he should be retired 
from active service ; and that the President be 
authorized to assign any officer who might be 
retired to any duty. 

Mr. Sherman moved to amend the ninth sec- 
tion of the bill making a deduction of ten per 
cent in salaries of officers in the military, naval, 
and civil service, by requiring the deduction to 
apply to all allowances for mileage, and for com- 
mutation for servants, forage, and rations, and 
to all fees or contingent allowances paid for per- 
sonal services from the treasuiy of the United 
States. Mr. Doolittle moved to amend the 
amendment, and Mr. Sherman accepted it so as 
to read: "And this deduction shall apply to all 
allowances for mileage, for commutation for serv- 
ants, forage, and rations, and for all fees and 
contingent allowances paid for personal services 
from the Treasury of the United States ; and the 
rate of mileage of members of Congress shall be 
reduced fifty per cent, to be computed by the 
most direct travelled route from his residence to 
the seat of Congress. A statement of the mile- 
age of each Senator shall be certified to the 
Secretary of the Senate, and of each Representa- 
tive and Delegate to the Sergeant-at-Arms of the 
House of Representatives, by the Postmaster- 
General, within thirty days of the commence- 
ment of each session of Congress." Mr. Sim- 
mon.s, of Rhode Island, and Mr. Howe, of Wis- 
consin, opposed the amendment. Mr. Howe 
could not vote for the ninth section, making a 
deduction on Government salaries. Mr. Trum- 
bull regretted that Mr. Sherman and Mr. Doo- 
little had pressed their amendments. Mr. Sher- 
man's original amendment was agreed to, and 
Mr. Doolittle proposed to add a new section, re- 
ducing the rate of mileage fifty per cent. The 
amendment was opposed by Mr. McDougall, and 
was agreed to — yeas, twenty-nine ; nays, ten. 
Mr. Howe moved to strike out the ninth section 
making a deduction in salaries of ten per cent 
during the war — yeas, two ; nays, thirty-si.x. 

Yeas — Messrs. Howe and McDougall — two. 

Nays — Messrs. Anthony, Browning, Chandler, 
Clark, Collamer, Cowan, Davis, Dixon, Doolittle, 
Fessenden, Foot, Foster, Harlan, Harris, Hender- 
son, Johnson, King, Lane of Indiana, Latham, 



Morrill, Nesmith, Pomeroy, Powell, Rice, Sauls- 
bury, Sherman, Sumner, Ten Eyck, Thomson, 
Trumbull, Wade, Wilkinson, Willey, Wilmot, 
Wilson of Massachusetts, and Wilson of Mis- 
souri — thirty-six. 

On tlie fourteenth, the Senate resumed the con- 
sideration of the bill. Mr. AYilson moved to 
amend by adding as a new section : " That the 
number of paymasters of the volunteer forces 
of the United States shall be reduced so as 
not to exceed one hundred aJid twenty-five ;" 
and the amendment was agreed to. Mr. Wil- 
son moved to amend by adding as a new section : 
" That quarters and fuel shall be furnished to 
officers only M'hen on duty in the field, or when 
assigned quarters in public buildings belonging 
to the Government. The number of offices now 
allowed to certain officers of the army for the 
transaction of business shall be furnished, and 
no more ;" and the amendment was agreed to. 
On motion of Mr. Wilson, the bill was further 
amended, by adding as additional sections : 

" That the bounty now allowed by law to sol- 
diers in the service of the United States shall, in 
the event that a soldier entitled thereto shall die 
intestate, without having drawn the same, be 
paid to the following persons, and in the order 
following, and to no other persons, to wit : first, 
to the widow of siich deceased soldier, if there 
be one ; second, if there be no widow, then to 
the children of such deceased soldier, share and 
share alike ; third, if such soldier left neither 
widow nor children (or children born in lawful 
wedlock,) then and in that case such bounty 
shall be paid to the following persons, provided 
they be residents of the United States, to wit : 
first, to his father, or, if he be dead, or has aban- 
doned his family, then to the mother of such sol- 
dier ; and if there be neither father nor mother 
as aforesaid, then such bounty shall be paid to 
such brothers and sisters resident as aforesaid, 
who may have been dependent upon such intes- 
tate for support. That all contracts made for, or 
orders given for, the purchase of goods or sup- 
plies by any department of the Government shall 
be promptly reported to Congress by the proper 
head of such department, if Congress shall at 
the time be in session, and if not in session, said 
reports shall be made at the commencement of 
the next session. That no contract or order 
made as aforesaid, or any interest therein, shall 
be transferred by the party or parties to whom 
such contract or order may be given, to any other 
party or parties, and that any such transfer shall 
cause the annulment of the contract or order 
tranferred, so far as the United States are con- 
cerned : Provided., That all rights of action are 
hereby reserved to the United States for any 
breach of such contract by the contracting party 
or parties. That the President of the United 
States be, and hereby is, authorized and request- 
ed to dismiss and discharge from the military 
service, cither in the army, navy, or volunteer force 
in the United States service, any officer for any 
cause which, in his judgment, renders such offi- 
cer unsuitable for service, and whose dismission, 



DOCUMENTS. 



37 



in his judgment, would promote the public serv- 
ice." 

Mr. Sherman moved to repeal the act author- 
izing the President to appoint additional aids- 
de-camp, and to discharge the staff-officers so ap- 
pointed in thirty days ; but after debate with- 
drew it. Mr. Grimes renewed the amendment, 
so modified as simply to repeal the act of August 
fifth, 1801. 

On the fifth of March, the Senate resumed the 
consideration of the bill, and Mr. Grimes's amend- 
ment was, on the suggestion of Mr. Clark, of 
New-IIampshire, modified so as to read, " That 
the act approved the fifth of August, 1801, en- 
titled 'An act supplementary to an act entitled 
" An act to increase the present military estab- 
lishment of the United States," approved the 
twentj'-ninth of July, 1801,' be, and the same is 
hereby, repealed. But the repeal of the said act 
shall not be construed so as to deprive those per- 
sons already appointed under it from holding 
their offices in the same way and manner as if it 
had not been repealed ;" and the amendment was 
agreed to. 

Mr. Foster, of Connecticut, moved to strike 
out the tenth section in regard to chaplains, and 
insert : " That in each of the permanent hospitals, 
where the President may deem it necessary, he 
may appoint a chaplain, who shall receive the 
same compensation as is now allowed to chap- 
lains in the volunteer service." Mr. Foster's 
amendment was rejected. Mr. Rice proposed to 
amend it so as to read, " That the appointments 
of chaplains to the army hospitals, as made by 
the President of the United States, are hereby 
approved, and the chaplains so appointed shall 
be compensated for their services in the same 
manner as regimental chaplains ;" and the amend- 
ment of Mr. Rice was agreed to. Mr. Harlan 
moved to so modify the tenth section as to pro- 
vide that chaplains in permanent hospitals should 
receive one thousand dollars per annum — yeas, 
fourteen, nays, twenty-three ; so the amendment 
was rejected. Mr. Nesmith moved to add to the 
eleventh section the words, "and that hereafter 
there shall be but one chaplain in a brigade;" 
but it was rejected. Mr. Rice moved to add as a 
new section : " That hereafter all chaplains, 
whether in the regular or volunteer service or 
hospitals, shall receive one thousand two hundred 
dollars per annum." Mr. Harlan demanded the 
yeas and nays, and they were ordered. The 
amendment was adopted — yeas, thirty-one ; nays, 
ten. 

On the twelfth, the Senate resumed the con- 
sideration of the bill, and Mr. Rice moved to 
strike out the ninth section, relating to the de- 
duction on salaries, and the sixteenth section, re- 
lating to mileage. Mr. Grimes moved to amend 
the ninth section so that the salaries over eight 
hundred dollars per annum should pay ten per 
cent ; but the motion was rejected. Mr. Rice's 
motion to strike out the ninth section was lost — 
yeas, twenty ; nays, twenty ; the Vice-President 
voted nay. The motion to strike out the six- 



teenth section, relating to the mileage, was lost — 
yeas, eight ; na3's, thirty-two. 

On motion of Mr. AVilson, the bill was amend- 
ed by adding as new sections : " That every per- 
son who shall furnish supplies of any kind to the 
army or navy, shall be required to mark and distin- 
guish the same on the outside of each and every 
package, with the name or names of the contrac- 
tors so furnishing such supplies to the army or 
navy ; and no supplies of any kind shall be re- 
ceived unless so marked and distinguished. That 
the President of the United States shall have 
power, whenever in his opinion it shall be expe- 
dient, to purchase cemetery grounds, and cause 
them to be securely inclosed, to be used as a na- 
tional cemetery for the soldiers who shall die in 
the service of the country." Mr. Grimes moved 
to amend the section relating to the compensation 
of chaplains, so as to allow them " one ration 
when on duty." Mr. McDougall moved to strike 
out the section authorizing brigade bands, and to 
strike out all of the section abolishing regimental 
bands, and to insert that " regimental bands be 
reduced to sixteen musicians;" but the motion 
was lost. Mr. McDougall demanded the yeas 
and naj^s on the passage of the bill, yeas — thirt}^- 
seven ; nays, two ; so the bill passed the Senate. 

In the House, on the tenth of June, Mr. Blair, 
from the Jlilitary Committee, to whom the bill 
had been referred, reported it back with amend- 
ments. The first amendment proposed to strike 
out the first section, providing that brevet com- 
missions should not entitle officers to increase of 
pay, and it was stricken out. The second amend- 
ment was agreed to, striking out the enacting 
clause of the second section, disallowing commu- 
tation of forage, making it the first section of the 
bill. The third amendment proposed to amend 
the section so as to provide that when forage in 
kind could not be furnished, officers should be 
entitled to commute. Mr. Blair moved to amend 
the amendment, so as to allow officers assigned 
to duty requiring them to be mounted, to receive 
the pay and emoluments of cavalry officers of the 
same rank. The amendment to the amendment 
was agreed to, and the amendment adopted. The 
fourth amendment to the bill proposed to strike 
out the sixth section, abolishing regimental bands, 
Mr. McPherson, of Pennsjdvania, Mr. Fouke, of 
niinois, and Mr. Edwards, of New-Hampshire, op- 
posed the amendment, and it was rejected. The 
fifth amendment proposed to strike out in the 
seventh section the word " brigade," and insert 
"regimental," so that a regiment, instead of a 
brigade, should have sixteen musicians ; but it 
was disagreed to. 

The seventh amendment to strike out the ninth 
section, deducting ten per cent from the pay of 
Government officers during the rebellion, was 
agreed to. The eighth amendment, requiring 
chaplains employed at mihtary posts to reside at 
the posts, and be subject to such rules in relation 
to leave of absence as commissioned officers, was 
adopted. The ninth amendment proposed to 
strike out the twelfth section, repealing the law 



38 



REBELLION RECORD, 1864. 



allowing forty cents per day for the use and lisk 
of horses of company officers of cavalry ; and it 
was agreed to — yeas, forty-eight ; nays, forty- 
seven. The tenth amendment proposed to amend 
the thirteenth section, jiroviding that an officer 
under arrest should he discharged unless a copy 
of the cliarges against him should be served 
on him within eight days, so as to read, " may be 
tried whenever tlie exigencies of tlic service will 
permit." On motion of Mr. Edwards, of New- 
Hampshire, the amendment was amended by 
adding the words, "within twelve months after 
such release from arrest ;" and the amendment as 
amended was agreed to. Tlie eleventh amend- 
ment proposed to strike out the fourteenth sec- 
tion, providing for retiring officers borne on the 
army or navy register forty-five years, or who 
should be sixty-two years of age ; but the amend- 
ment was lost — yeas, twenty-eight ; nays, sixty- 
eight. The twelfth amendment, striking out tlie 
fifteenth section, authorizing the President to as- 
sign to duty retired officers, was disagreed to. 
The thirteenth amendment proposed to strike out 
the sixteenth section, relating to the mileage of 
members of Congress. Mr. F. A. Conkling, of 
New-York, moved to amend the amendment so 
as to allow members of Congress their actual 
travelling expenses, and it was agreed to — J^eas, 
ninety ; nays, thirty-three. The amendment as 
amended was agreed to. Mr. Washburne moved 
to reconsider that vote, and lay the motion on the 
table. This motion was agreed to, so the six- 
teenth section was stricken out. The House, by 
a vote of seventy-three to twenty-one, agreed to 
the fourteenth amendment, striking out the eight- 
eenth section, disallowing commutation of fuel 
and quarters to officers. The bill was amended 
by agreeing to the sixteenth amendment, placing 
volunteer engineers on the same footing, in re- 
gard to pay, emolument, and organization, as en- 
gineers of the regular army. The seventeenth 
amendment proposed to add a new section, pro- 
viding that vacancies occurring among officers of 
volunteer regiments should be filled by the Pres- 
ident, on the recommendation of officers of the 
regiments. Mr. Holman, of Indiana, and Mr. 
McPherson, of Pennsylvania, opposed the amend- 
ment, and Mr. Browne, of Rhode Island, advo- 
cated it. On the twelfth, the consideration of 
the bill was resumed, and the amendment re- 
jected. The eighteenth amendment, providing 
that volunteer officers should have equal rank 
with officers of like grade having connnissions 
from the United States, was agreed to. An 
amendment was adopted repealing the law re- 
taining two dollars per month of the pay of pri- 
vates in the regular army until the expiration of 
their term of service. Tlie twentieth amend- 
ment was agreed to, authorizing the President to 
accept the services of foreign officers, and grant 
them commissions in the volunteer forces. A 
new section was added, requiring volunteers to 
be examined as to their physical condition, in 
the same manner as men enlisted into the regu- 
lar army. The twent3'-second amendment of 
tlie Committee authorized the President to assign 



army officers as field-officers, upon the applica- 
tion of Governors of States; and the amendment 
was agreed to. Tiie twenty-third amendment, 
providing that any alien of the age of twenty-one 
years and upward, who had enlisted or should 
enlist in the armies of the United States, either 
the regular or volunteer forces, and had been or 
might be thereafter honorably discliarged, might 
be admitted to become a citizen of the United 
States upon his petition, without any previous 
declaration of his intention to become a citizen, 
was agreed to. The twentj^-fourth amendment 
was agreed to, providing that thereafter, every 
contractor for subsistence, clothing, arms, am- 
munition, munitions of war, and for every de- 
scription of supplies for the army or navy of the 
United States, should be subjected to tlie rules 
and articles of war, so far as the same were ap- 
plicable. On motion of Mr. Dunn, of Indiana, 
the bill was amended by adding a new section, 
providing that there should be added to the Ad- 
jutant-General's department, by regular promo- 
tion of its present officers, one colonel, two lieu- 
tenant-colonels, and nine majors ; and that the 
grade of captain in said department be abolished, 
and all vacancies occurring in the grade of major 
should be filled by selection from among the 
captains of the army. Mr. Blair called for the 
previous question on the passage of the bill ; it 
was ordered, and the bill passed without a di- 
vision. 

In the Senate, on the fourteenth, the House 
amendments were referred to the Military Com- 
mittee, and on the eighteenth Mr. Wilson report- 
ed back the bill and House amendments, with an 
amendment. On the nineteenth, the Senate, on 
motion of Mr. Wilson, proceeded to the consid- 
eration of the amendments of the House ; agreed 
to some of them, and disagreed to others, and 
agreed to others with amendments. On motion 
of Mr. Wilson, on the twentieth, the Senate asked 
a committee of conference, and Mr. Wilson, Mr. 
Nesmith, and Mr. Howard were appointed man- 
agers on the part of the Senate. The House in- 
sisted upon its amendments, agreed to a commit- 
tee of conference, and Mr. Olin, of New-York, 
Mr. Dunn, of Indiana, and Mr. G. H. Browne, of 
Rhode Island, were appointed managers. On 
the seventh of July, Mr. Wilson, from the com- 
mittee of conference, reported to the Senate that 
they recommend to their respective Houses: 
"That the Senate adhere to their disagreement 
to the amendments of the House to the said bill ; 
and that the House adhere to its disagreement to 
the Senate's amendments to the House amend- 
ments to said bill." The Senate and House both 
concurred in the report of the conference com- 
mittee. 

Mr. Wilson, by unanimous consent, then in- 
troduced a bill to define the pay and emoluments 
of certain officers of the army, and for other pur- 
poses, which was read twice. The bill provided 
that officers entitled to forage should not be al- 
lowed to commute it, but might draw forage in 
kind. That when forage in kind could not be 
furnished, tlicn officers might commute it. That 



DOCUMENTS. 



officers assigned to duty which required them to 
be mounted, should, on such duty, receive the 
pay, emoluments, and allowances of cavalry offi- 
cers of the same grade. That major-generals 
should be entitled to draw forage in kind for five 
horses ; brigadier-generals for four horses ; col- 
onels, lieutenant-colonels, and majors, for two 
horses each ; captains and lieutenants of cavalry 
and artillery, or having the cavalry allowance, for 
two horses each ; and chaplains, for one horse. 
That whenever an officer of the army should em- 
ploy a soldier as his servant, he should deduct 
from his own monthly pay the full amount paid 
to or expended by the Government per month on 
account of the soldier. That the act to increase 
the pay of privates in the regular army and in 
the volunteers, should not be so construed as to 
increase the emoluments of the commissioned 
officers. That the act which authorized each 
regiment of volunteers to have twenty-four mu- 
sicians for a band, be repealed. That each bri- 
gade might have sixteen musicians as a band, 
who should receive the pay and allowances pro- 
vided by law for regimental bands. That in lieu 
of the rate of mileage allowed to officers where 
transportation in kind was not furnished to them, 
not more than six cents per mile should thereafter 
be allowed, unless where an officer was ordered 
from a station east of the Rocky Mountains to 
one west of the same mountains, or vice versa, 
when ten cents per mile should be allowed. That 
no person should be appointed a chaplain who 
was not a regularly ordained minister of some 
religious denomination, and who did not present 
testimonials of his good standing as such minis- 
ter, with a recommendation for his appointment 
as an army chaplain from some authorized eccle- 
siastical body, or not less than five accredited 
ministers belonging to said religious denomina- 
tion. That the compensation of chaplains should 
be one hundred dollars per month and two ra- 
tions a day when on duty ; and the chaplains of 
the permanent hospitals should be nominated to 
the Senate for its advice and consent ; and chap- 
lains employed at the military posts should be 
required to reside at the posts, and chaplains 
should be subject to such rules in relation to 
leave of absence as were prescribed for officers of 
the army. That so much of the law as allowed 
forty cents per day for the use and risk of the 
horses of company officers of cavalry, be re- 
pealed. That whenever an officer should be put 
under arrest, except at remote military posts, 
the officer by whose orders he was arrested should 
see that a copy of the charges were served upon 
him within eight days, and that he should be 
bi'ought to trial within ten days thereafter, un- 
less the necessities of the service prevent such 
trial ; and then he should be brought to trial 
within thirty days after the expiration of the ten 
days or the arrest should cease : that if the copy 
of the charges were not served upon the arrested 
officer, the arrest should cease ; but officers re- 
leased from arrest might be tried whenever the 
exigencies of the service permit, within twelve 
months ; and these provisions should apply to 



all persons under arrest. That whenever the 
name of any officer of the army or marine corps 
should have been borne on the army register or 
naval register forty-five years, or he should be 
of the age of sixty -two years, it should be in the 
discretion of the President to retire him from ac- 
tive service, and the President was authorized to 
assign him to any appropriate duty, and he should 
receive the full pay and emoluments of his grade 
while so assigned. That all contracts for the 
purchase of goods should be promptly reported 
to Congress. That no contract should be trans- 
ferred by the party or parties to whom such con- 
tract might be given to any other part}'-, and that 
any such transfer should cause the annulment of 
the contract. That every person who should fur- 
nish supplies to the army or navy should be re- 
quired to mark the same, with the name or names 
of the contractors, and no supplies should be re- 
ceived unless so marked. That any person who 
should contract to furnish supplies for the army 
or navy should be deemed and taken as a part 
of tlie land or naval forces of the United States, 
and be subject to the rules and regulations for 
the government of the land and naval forces. 
That the President of the United States be au- 
thorized and requested to dismiss from the mili- 
tary service either in the army, navy, or marine 
corps, or volunteer force, any officer for any cause 
which, in his judgment, either rendered such of- 
ficer unsuitable for, or whose dismission would 
promote the public service. That the President 
should have power to purchase cemetery grounds 
for the soldiers who should die in the service. 
That so much of the act of 1831 as authorized 
the appointment of additional aids-de-camp, be 
repealed. That the different regiments and inde- 
pendent companies mustered as volunteer engi- 
neers, pioneers, or sappers and miners, should be 
recognized as volunteer engineers, on the same 
footing, in all respects, in regard to their organ- 
ization, pay, and emoluments, as the corps of en- 
gineers of the regular army. That any alien, of 
the age of twenty-one years and upward, who had 
been or might thereafter be honorably discharged 
from the service, might be admitted to become a 
citizen without any previous declaration of his in- 
tention to become a citizen, and he should not be 
required to prove more than one year's residence 
within the United States previous to his applica- 
tion to become such citizen. And that there 
should be added to the Adjutant-General's de- 
partment, by regular promotion, one colonel, two 
lieutenant-colonels, and nine majors ; and the 
grade of captain in the department should be abol- 
ished, and all vacancies occurring in the grade of 
major should be filled by selection from among 
the captains of the army. On the eighth, the 
Senate proceeded to the consideration of the bill, 
and Mr. Grimes moved to strike out so much as 
provided for the addition and promotion in the 
Adjutant-General's office — yeas, fifteen; nays, 
twenty ; so the amendment was lost. The bill 
was then passed without a division. In the 
House, on tlie same day, Mr. Olin called up the 
bill from the Speaker's table, and it was passed 



40 



REBELLION RECORD, 1864. 



without a division, and was approved by the 
President on the seventeenth of July, 1862. 

No. XXXIX.— 7%« Bill to facilitate the Dis- 
charge of Dimhled Soldiers from the Army, 
and the Inspection of Convalescent Hospitals 
and Camps. 

In the Senate, on the seventeenth of Decem- 
ber, 18()2, Mr. Wilson, from the Committee on 
Military Affairs, reported a bill to facilitate the 
discharge of disabled soldiers, and for the inspec- 
tion of convalescent camps and hospitals, which 
was read, and passed to a second reading. It pro- 
posed to add to the medical corps of the army 
two medical inspectors-general, and eight medi- 
cal inspectors, to be appointed by selection from 
the medical corps of the army, or from the sur- 
geons in the volunteer service, without regard to 
rank, but with sole regard to qualifications. It 
provided that the officers of the medical inspect- 
or's department should be charged with the dutj'' 
of making regular and frequent inspections of 
all military general hospitals and convalescent 
camps, and upon each inspection to designate to 
the surgeon in charge of such hospitals or camps, 
all soldiers who might be fit subjects for dis- 
charge from the service on surgeon's certificate 
of disability, or sufficiently recovered to be re- 
turned to their regiments for duty ; and the 
medical inspecting officers were empowered to 
direct the return to duty, or the discharge from 
the service, of the soldiers designated. 

On motion of Mr. Hale, the provision author- 
izing the President to select from the medical 
corps of the army or from the volunteer forces, 
was stricken out. Mr. Grimes moved to amend, 
by adding as, a new section, that all " three 
years or during the war" volunteers, raised or 
enlisted by the order or under the authority of 
the Secretary of War, be entitled to the bounty 
autliorized to be paid to volunteers raised or re- 
cruited by the States under existing laws. He 
explained the object of the amendment to be, to 
place the "gray beard" regiment of his State, 
made up of enlisted men over forty-five years 
of age, upon the same footing as other three 
years volunteers. At the suggestion of Mr. 
Fessenden, Mr. Grimes withdrew his amend- 
ment, with the view of introducing it as a new 
bill. The bill was further discussed by Mr. 
Foster, Mr. Clark, Mr. Wilson, Mr. Grimes, Mr. 
Fessenden, Mr. Trumbull, Mr. Nesmith, and Mr. 
Hale. On motion of Mr. Fessenden, it was 
amended, by taking out the words " two medical 
inspectors-general." On motion of Mr. Clark, it 
was made the duty of the medical inspectors to 
see that soldiers, fit subjects for discharge, were 
discharged, or if sufficiently recovered, returned 
to their regiments. The bill, as amended, was 
then passed without a division. 

In the House, on the nineteenth, on motion 
of Mr. Huffinton, of Massachusetts, the bill was 
taken from the Speaker's table. Mr. Blake, of 
Ohio, moved to amend it, so as not to require 
discliarges on surgeon's certificates. Mr. Rich- 
ardson, of Illinois, and Mr. McPherson, of Penn- 



sylvania, opposed the amendment, and Mr. Blake 
withdrew it. The bill was then passed witliout 
a division, and was approved by the President 
on the twenty-seventh day of December, 1862. 

No. XL. — Tlie Dill to improve the Organization 
of the Cavalry Forces. 
In the Senate, on the sixteenth of December, 

1862, Mr. Wilson, of Massachusetts, introduced 
a bill to improve the organization of the cavalry 
forces, which was read twice, and referred to the 
Committee on Military Affairs. On the seven- 
teenth, Mr. Wilson reported it back without 
amendment. It provided that thereafter each 
regiment of cavalry might have two assistant- 
surgeons, and that each company of cavalry 
should have from sixty to seventy-eight pri- 
vates. Mr. Wilson explained that the object 
was to have a minimum number in the cavalry 
as in the infantry and artillery. The law was 
construed to require seventj^-eight privates in 
each company before organization. At the sug- 
gestion of Mr. Grimes, Mr. Wilson moved to 
amend, so that "each company hereafter or- 
ganized" should have from sixty to seventy- 
eight privates. The amendment was agreed to, 
and the bill passed. In the House, on the 
twenty-third, on motion of Mr. Dunn, of In- 
diana, the bill was taken from the Speaker's 
table, and passed. It was approved by the 
President on the sixth day of January, 1863. 

No. XLI. — The Bill to increase the Clerical and 
other Force of the Quartermaster- GeneraVs 
Office, and for other purposes. 
In the Senate, on the fourteenth of January, 

1863, Mr. AVilson, from the Committee on Mili- 
tary Affairs, reported a bill to authorize the ap- 
pointment of three auditors and a solicitor for 
the quartermaster's department, and to increase 
the clerical force of the Quartermaster-General's 
office. The bill provided that there should be 
appointed three auditors of the quartermaster's 
department, who should each receive a compen- 
sation of two thousand dollars per annum, and 
who .should perform such duties as might be as- 
signed to them, under the direction of the Quar- 
termaster-General, and in his office, in connection 
with the examination and settlement of accounts 
of money and property ; and one solicitor, at a 
compensation of two thousand dollars per an- 
num, who should be a person of legal knowledge 
and abilitj% and who should, under the direction 
of the Quartermaster-General, take charge of, and 
advise the Quartermaster-General upon all legal 
questions arising in the service of the quarter- 
master's department. It also provided tliat there 
should be added to the clerical force of the Quar- 
termaster-General's office one hundred and twen- 
ty clerks of class one, and thirty copyists, at an 
annual compen.sation of six hundred dollars. On 
the sixteenth, the bill, on motion of Mr. Wilson, 
was taken up, and briefly debated by Mr. AVil- 
son, Mr. Lane, Mr. Trumbull, Mr. Sherman, and 
Mr. Pomeroy. On the twenty-third, the Senate 
resumed its consideration. Mr. Harlan pro- 



DOCUMENTS. 



41 



posed to amend the first section, by striking 
out the word "auditors," and inserting "as- 
sistant qucartermastcrs-general ;" but after de- 
bate, withdrew it. Mr. Hale would strike out 
the first section, authorizing the appointment 
of three auditors and one solicitor. On the 
twenty-fourth, the Senate resumed the con- 
sideration of the bill ; and on motion of Mr. 
Wilson, the first section was stricken out, and 
the second section so modified as to read : " That 
there should be added to the clerical and other 
force in the office of the Quartermaster-General 
four clerks of class four, ninety clerks of class 
one, and thirty copyists and six laborers, at an 
annual compensation of six hundred dollars each, 
to be appointed by the Secretary of War." Mr. 
Fessenden moved to amend, by adding as a 
new section : "That in settling the accounts of 
officers for clothing and other military supplies, 
the affidavit of any officer may be received, to 
show the loss of vouchers, or company books, or 
any matter or circumstance tending to prove 
that any apparent deficiency was occasioned by 
unavoidable accident or loss in actual service, 
without any fault on his part ; or that the whole 
or any part of such clothing and supplies had 
been properly and legally used and appropriated ; 
and such affidavits may be considered as evidence 
to establish the facts set forth, with or without 
other evidence, as may seem to the Secretary of 
War just and proper under the circumstances of 
the case." Mr. Trumbull moved to amend the 
amendment, by inserting after the word " offi- 
cer" the words, " stating that he knows of no 
witness by whom he can prove the same facts." 
Mr. Fessenden objected to Mr. Trumbull's amend- 
ment, and after debate withdrew his own amend- 
ment. Mr. Rice renewed it, and Mr. Trumbull 
renewed his amendment to the amendment, and 
it was lost— yeas, seventeen ; nays, eighteen. 
Mr. Sherman moved to amend, by striking out 
of the original amendment the word " officers," 
and inserting "commanding officer of a com- 
panj^," and it was agreed to. The amendment 
as amended was then agreed to— yeas, twenty- 
one ; naj^s, sixteen. The bill as amended was 
then passed, and the title so amended as to read : 
" A bill to authorize the increase of the clerical 
and other force of the quartermaster's depart- 
ment, and for other purposes." 

In the House, on the twenty-sixth, Mr. Olin, 
of New-York, moved the reference of the bill to 
the Military Committee, and it was so referred. 
Mr. McPherson, of Pennsylvania, from the Com- 
mittee on Military Affairs, reported it back with- 
out amendment. It was passed without a divi- 
sion, and approved by the President on the sev- 
enth day of February, 1863. 

No. XLII. — The Bill to authorize the Raising 
of a Volunteer Force for the Defence of Ken- 
tuck ij. 

In the House, on the twelfth of December, 
1801, Mr. Blair, from the Committee on Military 
Affairs, reported a bill to authorize the raising 
of a volunteer force for the better defence of 



Kentucky. On motion of Mr. Bingham, of Ohio, 
it was so amended as to subject the force so 
raised to " the rules and regulations of war." 
On motion of Mr. Wickliffe, its further consider- 
ation was postponed to the sixteenth, and on 
that day it was taken up, debated, amended, and 
passed. 

The Senate, on the seventeenth, referred the 
bill to the Committee on Military Affairs. On 
the sixteenth of Jul}^ 1862, Mr. Wilson reported 
it back with an amendment. The Senate, on 
motion of Mr. Davis, proceeded to its considera- 
tion. It proposed to empower the Military 
Board of Kentucky to raise, and organize into 
regiments, a volunteer force not exceeding twen- 
ty thousand rank and file, to serve for one year 
within the limits of Kentucky in repelling inva- 
sion, suppressing insurrection, and guarding and 
protecting the public property ; but at any time 
that it might be necessary, these troops might 
be employed out of the limits of Kentucky 
against the enemies of the State or of the 
United States. The officers and soldiers en- 
rolled and mustered into the service of the 
United States were to be subject to the rules 
and articles of war, and to be placed on the 
same footing with other volunteers of the United 
States as to pa}^, subsistence, clothing, and other 
emoluments, for and during the time they might 
be in service. The Military Committee reported, 
as an amendment, a new section, providing that 
by and with the advice and consent of the com- 
manding general of the department of which 
Kentucky might be a part, the volunteers au- 
thorized to be raised by this act, or any por- 
tion of them, might attach themselves to, and 
become part of the body of the three years Ken- 
tucky volunteers. The amendment was agreed 
to. On motion of Mr. Collamer, the bill was 
further amended, so that the officers and men 
should only be paid while in " actual service." 
After debate, in which Mr. Davis, Mr. Wilson, 
Mr. Lane, of Indiana, Mr. King, Mr. Sherman, 
Mr. Collamer, Mr. Clark, and Mr. Cowan par- 
ticipated, Mr. Trumbull moved the indefinite 
postponement of the bill. Mr. Howe took the 
floor, and the bill went over, and was not again 
called up dui-ing that session. 

On the fifth of January, 1863, Mr. Davis 
moved to take up the bill for consideration, 
and the motion was agreed to. Mr. Trumbull, 
after debate, withdrew his motion for indefinite 
postponement, and the bill was amended, on 
motion of Mr. Davis, so as to authorize the troops 
to be raised by the " Governor" instead of the 
"Military Board;" further amended, on motion 
of Mr. Collamer, so as to allow the troops to be 
raised with " the consent of the President," and 
then on motion of Mr. Clark, recommitted to the 
Military Committee. 

On the eighth, Mr. Wilson reported the bill 
back, with an amendment in the nature of a 
substitute. The Senate, on the ninth, proceed- 
ed to the consideration of the bill and the amend- 
ment. The amendment reported by the Military 
Committee was to strike out all after the enact- 



42 



REBELLION RECORD, 1864. 



ing clause, and insert: That the Governor of 
Kentucky, by tlie consent and under the direc- 
tion of the President, should have the power to 
raise and organize into regiments a volunteer 
force not exceeding twenty thousand, to serve 
for tlie term of twelve months, to be cmplo3^ed 
within the limits of Kentucky in repelling inva- 
sion, suppressing insurrection, and guarding and 
protecting the public property: Provided, that 
at any time it might be necessary, in the dis- 
cretion of the President, these troops might be 
emploj'cd out of the limits of Kentucky against 
the enemies of the United States. That the regi- 
mental and company officers should be appoint- 
ed and conuTiissioned by the State of Kentucky, 
provided the officers should be entitled to pay 
onl}'' when the regiments or companies were filled 
as required by law" and while in actual service. 
That the regiments, when raised and officered, 
should be mustered into the service of the Presi- 
dent of the United States, and be subject to the 
command of the President. That the officers and 
soldiers thus enrolled and mustered iato service 
should be subject to the rules and articles of 
war, and should be placed on the same footing 
as other volunteers in the service of the United 
States as to pay, subsistence, clothing, and other 
emoluments, except bounty, for and during the 
time they might be in actual service That a 
portion of this volunteer corps, not exceeding 
two regiments, might be mounted, and armed as 
mounted riflemen. That the President should 
have power to make such other regulations in 
regard to the organization of this force as he 
should deem expedient for the interest of the 
service. That by and with the consent of the 
President, the volunteers authorized to be raised 
by this act, or any portion of them, might be 
attached to and become part of the three years 
Kentucky volunteers. 5lr. Harlan moved to 
amend, by striking out the words " Governor of 
Kentucky," and inserting the word "President," 
so that the President should be authorized to 
raise twenty thousand one year's volunteers in 
any State or States, instead of authorizing the 
Governor of Kentucky to raise that number of 
men in that State. After debate, the amend- 
ment was agreed to — yeas, nineteen ; nays, six- 
teen. 

The Senate, on the twelfth, resumed the con- 
sideration of the bill, and on motion of Mr. Lane, 
of Indiana, reconsidered the vote on Mr. Har- 
lan's amendment — yeas, twenty-one ; nays, 
fourteen. That amendment, and others agreed 
to on the ninth, were then rejected. On motion 
of Mr. Davis, it was so amended that the troops 
should be " raised within the State of Kentucky." 
Mr. Clark moved to postpone the consideration 
of the bill for one week ; but the motion was 
lost — j'cas, thirteen ; nays, twenty-four. It was 
then passed — yeas, twenty-three ; nays, thirteen. 
The bill was, on the sixteenth, referred by the 
House to the Committee on Military Affairs. 
On the fourth of February, Mr. Yeaman, of 
Kentuck}^ reported it back, with a recommend- 
ation that the amendment of the Senate be con- 



curred in. Mr. Stevens, of Pennsylvania, moved 
its reference to the Committee of the \Vliole; 
lost — yeas, twenty-five; nays, ninety-three. 
Mr. Olin moved the previous question, and un- 
der its operation the substitute of the Senate 
was agreed to. So the bill was passed, and ap- 
proved by the President on the seventh of Feb- 
ruary, 18G3. 

No. XLTII. — The Bill to promote the efficiency of 
the Conwiissary Department. 
In the House, on the eighth of January, 
1803, Mr. Washburne, of Illinois, introduced a 
bill to promote the efficiency of the commissary 
department, which was read twice and referred 
to the Committee on Military A ffiiirs. Mr. Mars- 
ton, of New-Hampshire, on the fourth of Febru- 
ary, reported it back with an amendment. 

The bill provided that there should be added 
to the subsistence department of the army, by 
regular promotions therein, one brigadier-general, 
who should be commissary-general of subsist- 
ence ; one colonel, one lieutenant-colonel, and two 
majors ; the colonel and lieutenant-colonel to be 
assistant commissaries-general of subsistence ; 
and that the vacancies in the above-mentioned 
grades should be filled by regular promotions in 
the department. 

The Committee on Military Afi^iirs proposed 
to amend by adding to the bill, that the vacan- 
cies created by the promotions therein author- 
ized might be filled by selections from officers of 
the regular or volunteer force ; and the amend- 
ment was agreed to, and the bill passed. 

On the seventh, the Senate, on motion of Mr. 
Lane, of Indiana, took it up for consideration. 
Mr. Wilson moved to amend the bill, so that the 
commissary-general, who was to have the rank 
a brigadier-general, should be appointed by se- 
lection, and the other officers by regular pro- 
motion. Mr. Lane, of Indiana, Mr. Ten E^^ck, 
Mr. Lane, of Kansas, and Mr. Howe opposed the 
amendment, and Mr. Grimes and Mr. Wilson ad- 
vocated it, not in opposition to the promotion of 
Colonel Taylor, the Commissary- General, but 
upon the ground that general officers were ap- 
pointed by selection. Mr. Wilkinson was op- 
posed to the bill and the amendment. Mr. Wil- 
son modified his amendment so that the commis- 
sary-general should be selected from the com- 
missary department ; and it was then agreed to, 
and the bill passed. On the same day, the House, 
on motion of Mr. Bufflnton, of Massachusetts, 
concurred in the Senate amendment, and the bill 
was passed, and it was approved on the ninth 
of February, 1803. 

No. XLIV. — The Joint Resolution to facilitate 
the Payment of sick and wounded Soldiers in 
the Hospitals and Convalescent Gamps. 
In the Senate, on the eighteenth of February, 
18G3, Mr. Wilson introduced a joint resolution to 
fiicilitate the discharge of sick and wounded sol- 
diers in the hospitals and convalescent camps, 
which was read twice and referred to the Military 
Committee. On the twentieth, Mr. AVilson re- 



DOCUMENTS. 



43 



ported it back without amendment. It directed 
the Paymaster-General to take immediate mea- 
sures for the paj-ment of the sick and wounded 
soldiers in the convalescent camps, hospitals, 
and elsewhere, so that they niigbt be fully paid 
within thirty days from the passage of the reso- 
lution. 

Mr. Wilson asked for the immediate consid- 
eration of the resolution, and there being no ob- 
jection, the Senate proceeded to its consideration. 
Mr. Fessenden stated the difficulty to be the want 
of the descriptive lists in the hospitals and con- 
valescent camps. Mr. AVilson thought the diffi- 
culty grew out of the want of .system. lie want- 
ed to force the pay department to put its strength 
upon the convalescent camps and hospitals, have 
every man's case examined, and have him paid 
in thirty days. Mr. Grimes did not think the 
object could be accomplished in thirty daj'S, if it 
was a[)plied to the whole country ; and he moved 
to amend the resolution by striking out the word 
word " thirty" and inserting " sixty." Mr. Ten 
Eyck opposed the amenduient. Mr. Wilson 
thought there was something in the suggestion 
of Mr. Grimes, and he would agree to the amend- 
ment. It was adopted, and the resolution passed. 
On the second of March, the joint resolution was 
taken up in the House and passed ; and the Pre- 
sident approved it on the third of March, 1863. 

No. XLV. — The Bill for EarolUng and Calling 

out the National Forces, and for other 2}ur- 

2J0ses. 

In the Senate, on the twenty-eighth of Janu- 
ary, 1863, Mr. Wilson, of Massachusetts, intro- 
duced a bill for the encouragement of reenlist- 
ments, and for the enrolling and drafting the 
militia, which was referred to the Committee on 
Military Affairs. On the thirty-first, Mr. Wilson 
reported it back, with an amendment as a sub^ 
stitute. On the fourth and fifth of February, the 
bill was debated by Mr. Wilson, Mr. Sherman, 
Mr. Richardson, Mr. Trumbull, Mr. Carlisle, ^Ir. 
Bayard, Mr. CoUamer, Mr. Howard, Mr. Davis, 
and Mr. Doolittle, and on motion of Mr. Lane, of 
Indiana, recommitted to the Committee on Mili- 
tary Affairs. 

On the ninth of February, Mr. Wilson, from 
the Military Committee, reported a bill for en- 
rolling and calling out the national forces, and 
for other purposes, in thirt3^-six sections. The 
Senate, on the sixteenth, proceeded to its consid- 
eration as in Committee of the Whole. Mr. Wil- 
son, in explanation of the provisions of the bill, 
said: 

" Sir, we have endeavored to frame this great 
measure for the defence of the periled nation 
against the blows of armed treason so as to bear 
as lightly as possible upon the toiling masses, 
and to put tlie burdens, as far as we could do so, 
equally upon the more favored of the sons of men. 
It is impossible, in this world of inequalit}', to 
frame a measure of this character to bear equally 
upon all conditions of men ; but this bill has 
been framed in the earnest desire to make its 
burdens fall as gently as possible upon the poor 



and dependent sons of toil. But it is a high and 
sacred duty, resting alike upon all the citizens of 
the republic, upon the sons of toil and misfor- 
tune and the more favored few, to labor, to suffer, 
ay, to die, if need be, for their countiy. Never 
since the dawn of creation have the men of any 
age been summoned to the performance of a high- 
er or nobler duty than are the men of this gene- 
ration in America. The passage of this great 
measure will clothe the President with ample au- 
thority to summon forth the sons of the repub- 
lic to the performance of the high and sacred 
duty of saving their countr}^ now menaced, and 
the periled cause of civilization and freedom in 
America, and of winning the lasting gi-atitude of 
coming ages, and that enduring renown which 
follows ever duty nobly and brave'y done. The 
enactment of this bill will give confidence to the 
Government, strength to the countr}'', and joy to 
the worn and weary soldiers of the republic 
around their camp-fires in the land of the rebel- 
lion. 

"A brief anal)^sis of the sections of this mea- 
sure will exhibit its comprehensive character, 
and will, I am sure, commend its beneficent 
provisions to the favor of Congress and of the 
country. 

" Section one declares that all able-bodied male 
citizens of the United States, between the ages 
of eighteen and forty-five, shall constitute the 
national forces, and be liable to military duty at 
call of the President, v^ith certain exceptions. 

" Section two exempts the Vice-President, 
judges of the various courts of the United States ; 
heads of departments ; the only son of aged and 
infirm parents dependent upon him ; or where 
more than one son, in such cases the father may 
elect which shall be exempt, or the mother if the 
father is dead ; only brother of children under 
twelve whose fiither and mother are dead ; the f;i- 
ther of motherless children under twelve, depend- 
ent upon him for support ; where there are f\ither 
and sons in the same family and household, and 
two of them arc in the military service of the 
United States. 

" Section three divides the forces not now in 
service into two classes. 1. All between eight- 
een and thirty years of age, and all the unmar- 
ried between thirty and forty-five. 2. All other 
persons liable to do military dut}^ ; and the sec- 
ond class not to be called into service until after 
the first shall have been called. 

" Section four divides the United States into 
districts, of which the District of Columbia 
forms one, each Territory one or more as the 
President shall direct, and the remainder by the 
congressional districts, as fixed by State laws, 
or by the President in States not divided into 
districts. 

" Section five provides that the President shall 
appoint a provost-marshal for each district, with 
the rank, pay, etc., of a captain of cavalry, the 
whole to be under a provost-marshal general, 
with rank, etc., of a colonel of cavalry, whose 
office shall constitute a bureau at the seat of 
Government. 



44 



REBELLION RECORD, 1864. 



" Section six provides that the Provost-Mar- 
shal General shall make rules for government of 
subordinates, fnrnish them the names of desert- 
ers, communicate all orders of the President for 
calling out the national forces ; file copies of en- 
rolment lists, obtain reports from his subordi- 
nates ; audit all accounts connected with the 
service under his direction, and perform such 
other duties as the President prescribes. 

" Section seven. The provost-marshal is to 
arrest and send to the nearest military post all 
deserters ; to inquire into and report to his supe- 
rior all treasonable practices ; to seize and con- 
fine spies of the enemj'-; and obey generally all 
lawful regulations and orders of the Provost-Mar- 
shal General. 

" Section eight provides for a board of enrol- 
ment in each district, of which the provost-mar- 
shal shall be president ; the others to be appoint- 
ed by the President of the United States, and one 
to be a practising physician and surgeon. 

" Section nine provides that the board shall 
divide the districts into sub-districts of not ex- 
ceeding two without the direction of the Secre- 
tary of War, before March tenth, and in each al- 
ternate year thereafter; to appoint an enrolling 
officer in each sub-district, and furnish blanks, 
etc. The officer to enroll all persons in his sub- 
district before April first, noting age, residence, 
and occupation, and report to the board ; the 
board to consolidate the names into a list, and 
report to the Provost-Marshal General before first 
May. 

" Section ten provides for separate enrolment 
of the classes, and that the ages shall be reckon- 
ed from the first July after enrolment. 

" Section eleven. The enrolment is to be for 
two years, and the enrolled to be liable to serve 
three years, or for the war, on the same footing 
as the volunteers, as now provided by law. 

" Section twelve. In case of call, the Presi- 
dent is to assign to each district the number of 
men to be furnished ; the board to draft the re- 
quired number, and si.xty per cent additional — 
the drafted men to be notified by the provost- 
marshal, and report for duty within ten days. 

"Section thirteen. Men failing to report, to be 
treated as deserters, unless they show non-liabil- 
ity to do military duty. 

"Section fourteen provides for the inspection 
of the drafted men by the surgeon of the board, 
and the hearing of claims for exemption by the 
board ; their decision to be final in all cases. 

" Section fifteen provides for the trial and pun- 
ishment of surgeons for receiving presents or 
agreeing to receive any valuable thing for mak- 
ing a false report or for neglecting to make a re- 
port. Punishment to be fine not more than five 
hundred dollars nor less than two hundred dol- 
lars, imprisonment at discretion of court-martial, 
and dismissal from service. 

" Section sixteen provides for the discharge of 
those not required, and payment of their travel- 
ling expenses. Also for the payment of the ex- 
penses of the draft ; expenses of arresting and 
returning deserters ; provides against commuta- 



tion to the provost-marshals except for forage, 
and for pay of clerk hire, postage, stationery, etc. 

"Section seventeen provides for substitutes. 

"Section eighteen provides for pajMng a bounty 
of fifty dollars to all the present volunteers who 
rcenlist for one yoa,r, one half on reenlistment, 
and the balance at the end of the term of reen- 
listment ; those who reenlist for two ycar.s, twen- 
ty-five dollars of the one hundred dollar bounty 
provided by the fifth section of the act of July 
twenty-second, 1861, relating to volunteers. 

" Section nineteen provides for the consolida- 
tion of companies in regiments of volunteers from 
the same State, when reduced to one half the 
maximum, and for a reduction of the officers in 
such cases in the same proportion. 

"Section twenty provides that whenever a re- 
giment is reduced below the minimum allowed 
by law, no officers shall be appointed beyond the 
number necessary to command the regiment. 

" Section twenty-one repeals so much of sec- 
tion five of the act of July seventeenth, 1862, as 
requires the approval of the President to a sen- 
tence of a court-martial in case of a spy or a de- 
serter, or of mutiny or murder, and substitutes the 
approval of the commanding general in the field, 

" Section twenty-two gives to courts-martial 
power to punish absenting officers by reducing 
them to the ranks for three years. 

" Section twenty-three provides that soldiers 
shall not sell or dispose of the clothes, arms, etc., 
furnished by the United States, but all such ar- 
ticles may be seized by any civil or military offi- 
cer and delivered to any quartermaster. 

" Section twenty-four provides for the punish- 
ment by fine not exceeding five hundred dollars, 
and imprisonment not less than six months nor 
more than two years, for enticing a soldier to de- 
sert, for concealing or harboring or employing a 
deserter, and for purchasing his arms, clothing, 
etc., and the same penalty for any superintend- 
ent or conductor of any public conveyance, cap- 
tains of ships, etc., for carrying away or refusing 
to deliver up any person knowing him to have 
deserted. 

" Section twenty-five provides the same pun- 
ishment for resisting a draft, or for counselling or 
aiding resistance to a draft, or counselling drafted 
men n&t to appear at the place of rendezvous, or 
dissuading men from performing military duty.^ 

" Section twenty-six provides that the Presi- 
dent shall issue his proclamation declaring that 
soldiers now absent without leave may return 
within a time to be specified by him without 
punishment, except the forfeiture of their pay 
and rations during absence ; and those who do 
not return, to be treated as deserters. 

"Section twenty-seven provides for taking de- 
positions of witnesses not residing in the miUtary 
district where the court is held. 

"Section twenty-eight provides that the judge- 
advocate shall have power to appoint a reporter 
to record the proceedings and testimony of the 
courts-martial. 

" Section twenty-nine provides for a continu- 
ance for cause to either party, but not to ex- 



DOCUMENTS. 



45 



ceed sixty days, if the prisonei" be in close con- 
finement. 

" Section thirty. In time of war, insurrection, 
and rebelUon, cases of felony, by persons in mil- 
itary service, are to be tried only by courts-mar- 
tial, subject to the articles of war — the penalty 
to be not less than is prescribed in the State 
where the offence is committed. 

" Section thirty-one. Officers absent on leave 
are to receive half-pay and allowance, and if ab- 
sent without leave, no pay and allowance during 
such absence. 

"Section thirty-two. Commanders of regi- 
ments and batteries in the field to have power 
to grant furloughs, not exceeding thirty days, to 
five per cent of the non-commi)?sioncd officers 
and privates, for good conduct. 

" Section thirty-three. The President is to as- 
sign drafted persons to any corps or service which 
exigencies may require. 

" Section thirty-four. Details to special service 
are to be made only with consent of the com- 
manding officer in the field, and no extra pay for 
special service to be allowed. 

" Section thirty-five rescinds general orders of 
War Department Numbers 154 and 1G2, and for- 
bids enlisting from the volunteers for regular 
army. 

" Section thirty-six provides compensation for 
the grades in the cavalr}'' service, not before pro- 
vided for, namely, regimental commissary same 
as regimental quartermaster, chief trumpeter 
same as chief bugler, saddler- sergeant the same 
as regimental commissarj'-sergeant, company com- 
missary-sergeant same as company quartermas- 
ter's sergeant. Also provides that the grade of 
supernumerary second lieutenant and two team- 
sters for each company, and one chief farrier and 
blacksmith for each regiment, shall be abolished ; 
also, that each company may have two trumpet- 
ers, to be paid as buglers ; one veterinary sur- 
gen to each regiment, at seventy-five dollars per 
month, and rank of regimental sergeant-major. 

" Sir, these provisions embodied in this bill are 
intended to meet the needs of the country and 
the requirements of the military service. They 
have been incorporated into the bill after much 
examination and reflection, and with the appro- 
bation of several of our most experienced military 
men. I am confident the enactment of this bill, 
embodying so many provisions required by the 
exigencies of the public service, will weapon the 
hands of the nation, fire the drooping hearts of 
the people, thrill the wasting ranks of our legions 
in the field, carry dismay into the councils of 
treason, and give assurance to the nations that 
the American people have the sublime virtue of 
heroic constancy and endurance that will assure 
the unity and indivisibility of the republic of 
the United States." 

Mr. Cowan, of Pennsylvania, moved to exempt 
Members of Congress from the enrolment and 
draft. On motion of Mr. Lane, of Kansas, the 
yeas and nays were ordered on the amendment. 
Mr. Eichardson, of Illinois, and Mr. Doolittle, of 
Wisconsin, supported Mr, Cowan's amendment. 



Mr. Wilson thought its adoption would weaken 
the moral force of the law — 'he wanted every body 
to feel that this measure was a necessity, forced 
upon us by the needs of the country ; that to be 
drafted to carry this country through the im- 
pending struggle was the most honojable thing 
that can fall upon an American citizen. The 
amendment was lost — yeas, thirteen; nays, 
twenty-four. 

Mr. Cowan then moved to exempt Governors, 
Members of the State legislatures, and members 
of the judiciary of the several States. Mr, 
Clark, of New-Hampshire, moved to amend the 
amendment by striking out the words "members 
of the State legislatures" — yeas, twenty-two; 
nays, twenty ; so the amendment to the amend- 
ment was agreed to. On motion of Mr. Fessen- 
den, Mr. Cowan's amendment exempting the 
members of the judiciary of the several States 
was amended by adding the words, "justices of 
the peace not included;" and the amendment as 
amended was adopted. Mr. Collamer moved to 
amend the twelfth section by adding, " that in 
assigning to the districts the number of men to 
be furnished, the President should take into ac- 
count the number of volunteers or militia fur- 
nished from the State, and allow the same, ac- 
cording to the period of their service, and allow 
the same to be apportioned equally among the 
districts in the State, and make apportionment 
of the districts of the several States accordingly'." 
Mr. Sumner moved to amend the amendment so 
as to include all persons furnished the navy as 
far as can be ascertained. The amendment to 
the amendment was opposed by Mr. Grimes, 
Mr. Rice, Mr. Davis, and Mr. Howe, and rejected. 
Mr. CoUamer's amendment was then agreed to. 

Mr. Powell moved to exempt professors in col- 
leges and teachers in schools ; but the amendment 
was rejected without a division. Mr. Sumner 
moved to amend the amendment of Mr. Collamer, 
which had been agreed to, by adding " that in 
assigning to the districts in each State the num- 
ber of men to be furnished therefrom, the Presi- 
dent should take into account the number of per- 
sons that might thereafter be furnished to the 
navy, so far as could be ascertained ;" and it was 
agreed to. Mr. Clark moved to stiike out the 
thirteenth section, and insert:" that any person 
drafted and notified to appear as aforesaid, may, 
on or before the day fixed for his appearance, fur- 
nish an acceptable substitute to take his place in 
the draft, or he may pay to such person as the 
Secretary of "NV^ar may authorize to receive it, 
such sum, not exceeding three hundred dollars, 
as the Secretary may determine for the procura- 
tion of such substitute, and thereupon such per- 
son so furnishing the substitute or paying the 
money shall be discharged from further liability 
under that draft ; and any person failing to re- 
port after due service of notice as herein pre- 
scribed without furnishing a substitute or paying 
the required sum therefor, shall be deemed a de- 
serter, and shall be arrested by the provost-mar- 
shal and sent to the nearest military post for trial 
by court-martial, unless, upon proper showing 



46 



REBELLION RECORD, 18G4. 



he is not liable to do militarj' duty, the board of 
enrolment shall relieve him from draft." The 
amendment was agreed to. Mr. Nesinith moved 
to strike out the third section, providing that the 
national forces should be divided into two classes, 
tlic first of which should comprise all persons 
subject to do military duty between the ages of 
eigiiteen and thirty years, and all unmarried per- 
sons subject to do military duty above the age 
of thirty and under the age of forty-five ; the 
second class should comprise all other persons 
subject to do military duty ; and they should not, 
in any district, be called into the service of the 
United States until those of the first class should 
liave been called. Mi". Wilson moved to amend 
the section proposed to be stricken out, by strik- 
ing out the word " eighteen " and inserting 
"twenty," and striking out the word "thirty" 
and inserting " thirty-five," so that the classes 
would be from twenty to thirty-five, and from 
tliirty-five to forty-five ; and the amendment was 
agreed to. Mr. Nesmith's motion to strike out 
the third section was lost. 

5Ir. Doolittle moved to amend the first section 
by adding that persons of foreign birth who 
should have declared on oath their intention to 
become citizens, and who should have exercised 
the privileges of citizens by voting in the United 
States, should be deemed to be citizens of the 
United States within the meaning of the act. 
The amendment was opposed by Mr. Howard, of 
Michigan, and Mr. Davis, of Kentucky, and re- 
jected. Mr. Harris, of New-York, moved to 
amend the bill by adding, " persons who, being 
from scruples of conscience averse to bearing arms, 
are, by the constitution of anj' State, excused 
therefrom." Mr. McDougall, of California, de- 
clared that the obligation rested equally upon all, 
and the law should apply to all. Mr. Clark, of 
New-Hampshire, would exempt those whose re- 
ligious feelings would be shocked if compelled to 
bear arms. ^Ir. Ten Eyck, of New-Jersej^ thought 
the amendment did not go far enough. Mr. Lane, 
of Indiana, said the effect of the amendment 
would be unequal and unjust. Mr. Sumner 
moved to modify Mr. Harris's amendment so as to 
exempt the clergy. Mr. McDougall hoped the 
Senator from Massachusetts would not include 
the Methodist clergy, as they were a fighting 
clergy. Mr. Howard thought the loyal clergy 
were the most fighting portion of the people. 
Mr. Wilson would not exempt law3'ers or clerg3'- 
men. Mr. Davis would say to all of them : " Fight, 
pay, or emigrate." Mr. Henderson, of Missouri, 
would excuse nobody. Mr. Harris then withdrew 
his amendment. Mr. Sumner moved to exempt 
ministers of the Gospel. The amendment was 
supported by Mr. Sumner and IMr. Morrill, and 
opi;o-;ed l)y Mr. McDougall, Mr. Wilson, Mr. Har- 
ris, and Mr. Henderson, and rejected. 

The bill was then reported to the Senate as 
amended. The amendment exempting governors 
and judges was lost — yeas, seventeen; nay.s, 
nineteen ; and the amendment giving States credit 
for persons furnished to the nav}' was non-con- 
curred in — yeas, eleven; nays, twenty-five. 



Other amendments made as in Committee of the 
Whole were concurred in. Mr. Wilkinson moved 
to exempt members of Congress, governors, and 
judges of the several States ; but the motion was 
lost — yeas, sixteen ; nays, twenty. Mr. Lane, 
of Kansas, moved to strike out of the classes 
exempted, the Vice-President, the Judges of the 
United States, and the heads of the various ex- 
ecutive departments — yeas, fourteen ; nays, 
twenty-two ; so the amendment was rejected. 

Mr. McDougall moved to amend by adding to 
the first section that all able-bodied male citizens 
of the United States, and persons of foreign birth, 
who should have declared on oath their intention 
to become citizens, under and in pursuance of 
the laws thereof, between the ages of eighteen 
and forty-five years, except as hereinafter ex- 
cepted, were hereby declared to constitute the 
national forces — yeas, twentj'-seven ; na^'s, nine ; 
so the amendment was agreed to." 

Mr. Wilson said the bill was a good one, and 
he proposed to put it in operation by adding, as 
a new section, that the President of the United 
States was authorized and empowered, during the 
present rebellion, to call forth the national forces 
hy draft in the manner provided for in this act. 
The amendment was agreed to without a division. 
Mr. Cowan moved to strike out in the eleventh 
section the words, " three years or during the 
war," and insert "one year" — yeas, ten; na3's, 
twenty-six. Mr. ILarris then moved to strike out 
the words " three j'ears," and insert " two years ;" 
but the amendment was rejected. The bill was 
then passed without a division. 

Li the House, on the twentj^-third of February, 
the Speaker stated the business to be the consid- 
eration of the Senate bill for enrolling and calling 
out the national forces. Mr. Olin, of New-York, 
moved to refer the bill to the Committee on Mil- 
itary Affairs. Mr. Holman, of Indiana, suggested 
that the bill be read by clauses for amendment, 
and that the discussion should be confined to 
amendments. Mr. Vallandigham objected to that 
mode of proceeding. Mr. Wickliffe, of Kentucky, 
moved to amend the motion of Mr. Olin to com- 
mit the bill to the Militar}^ Committee, by in- 
structing the Committee to report it back with a 
proviso, that it should be the duty of the com- 
mander of troops at any post, in any State, on 
the days of election bj' the citizens of such State, 
held for the purpose of electing State ofhcers, or 
officers of the United States, or Representatives 
in Congress, or electors for the President or Vice- 
President, to remove and keep his troops at least 
one mile from the place of voting during said 
election. Mr. Cox moved to amend by addinr; a 
proviso, that no one should be enrolled under this 
act except able bodied white citizens of the United 
States. Mr. Biddle, of Pennsylvania, did not 
" know a district in Pennsylvania where the Pro- 
vost-Marshal, this little military despot, can ex- 
ercise over free-born citizens the sway that is 
claimed for him." Mr. Campbell, of Penn.sylva- 
nia, declared his readiness " to vote the last man 
and tlie last dollar for the accomplishment of the 
great object before us. I am ready to fight it out 



DOCUMENTS. 



47 



by land and by sea, as long as may be necessary 
to crush out the rebels themselves, and all their 
sympathizers at home and abroad." Jlr. Wright, 
of Pennsylvania, was not opposed to the spirit of 
the bill, but he thought some of its provisions in 
conflict with the Constitution, and he desired to 
amend it. Mr. Sargent, of California, was in favor 
of the bill, " because it distributes equally the bur- 
dens of the war, laying them as well upon the 
lukewarm friends or the open opponents of the 
Government as upon the true and faithful ; be- 
cause it prevents the possibility of demagogues, 
who seek the ruin of the republic, longer pre- 
venting the enlistment of soldiers to fight this 
freat battle of freedom." Mr. Sheffield, of Rhode 
sland, thought the law would put to a severe test 
the loyalty of the people ; in their submission to 
its provisions was involved the question of their 
devotion to their country. Mr. White, of Ohio, 
bitterly denounced the bill as an arbitrar}' meas- 
ure. Mr. Yallandigham denounced the bi 1 as a 
measure " to abrogate the Constitution, to repeal 
all existing laws, to destroj^ all rights, to strike 
down the judiciary, and erect upon the ruins of 
civil and political liberty a stupendous superstruc- 
ture of despotism." Mr. Bingham, of Ohio, re- 
plied to Mr. Vallandigham in a speech of great 
power. Mr. Voorhees, of Indiana, declared that 
the administration would deceive the country no 
more, nor coerce or intimidate it with its measures. 

On the twenty-fourth, the debate was resumed 
by Mr. Mallory, of Kentucky, in opposition to 
the passage of the bill. Mr. Dunn, of Indiana, 
declared that the necessity was upon us to pass a 
bill of this character. Mr. Pendleton,, of Ohio, 
and Mr. WicklifTe, of Kentucky, spoke in oppo- 
sition to the passage of the bill. Mr. Stevens, 
of Pennsylvania, advocated tlje passage of the 
measure with some amendments. Mr. Steele, of 
New-York, objected to the bill " as one of a 
series of measures which centralize power in the 
Federal Government." Mr. S. C. Fessenden, of 
Maine, and Mr. Kelley, of Pennsylvania, advocat- 
ed the measure, and Mr. Cox, of Ohio, and Mr. 
Norton, of Missouri, opposed it. On the twenty- 
fifth, Mr. Thomas, of Massachusetts, opened the 
debate in ftivor of the passage of the bill : " You 
die," he said, " without this measure ; you can 
no more with it, except you die as cowards die, 
many times." Mr. Crittenden, of Kentucky, fol- 
lowed in oppo.sltion to the measure. "A negro 
army," he declared, " is a weakness in your 
countr3^ It unnerves the white man's hand ; it 
unnerves the white man's heart. White men 
will not fight by the side of negroes." 

Mr. Olin moved to amend the bill by striking 
out of the seventh section the word.s, " to inquire 
into and report to the Provost-Marshal General 
all treasonable practices ; to detect, seize, and 
confine spies of the enemy," and inserting in lieu 
thereof, " To detect, seize, and confine spies of 
the enemy, who shall, witliout unreasonable de- 
lay, be delivered to the custody of the general 
commanding the district in which they may be 
arrested, to be tried as soon as the exigencies of 
the service permit ;" and the amendment was 



agreed to. On motion of Mr. Olin the bill was 
amended by adding as a new section, that all 
persons who, in time of war or of rel)ellion 
against the supreme authority of the United 
States, should be found lurking or acting as spies 
in or about any fortification, post, or encampment 
of any of the armies of the United States or 
elsewhere, should be triable by military commis- 
sion, and, upon conviction, should suffer death. 
Mr. Cox moved to insert the word "white" be- 
fore "able-bodied." Mr. Lovejoy demanded the 
yeas and nays, and they were ordered — yeas, 
fifty-two ; nays, eighty-five. 

Mr. Holman, of Indiana, moved to amend by 
inserting as a substitute a new bill of eleven sec- 
tions—yeas, forty-five ; nays, one hundred and 
seven ; so Mr. Ilolman's amendment was rejected. 
The bill was then passed — yeas, one hundred and 
fifteen ; nays, forty-eight. 

On the twentj^-eighth, the Senate, on motion 
of Mr. Wilson, proceeded to the consideration of 
the House amendments. Mr. Bayard, of D;jla- 
ware, moved the indefinite postponement of the 
bill, and spoke at length against its provisions. 
Mr. McDougall, of California, followed in support 
of the bill. Mr. Turpie, of Indiana, declared 
that "the opposition to this measure was made 
because it was palpably in violation of the Con- 
stitution of the United States." Mr. Carlisle 
spoke in opposition to the measure. Mr. Hicks, 
of Maryland, spoke for the bill, and Mr. Ken- 
nedy, of the same State, against it. jMr. Davis 
and Mr. Powell, of Kentuckj^ Mr. Richardson, 
of Illinois, and Mr. Saulsbury, of Delaware, spoke 
in opposition to the bill. The question was then 
taken on Mr. Bayard's motion to indefinitely 
postpone it, and it was lost^ — J'^eas, eleven ; nays, 
thirty-five. The several amendments of the 
House were then concurred in, and the bill was 
approved by the President on the third of 'March, 
1863. 

No. XLVI. — The Act to ainend an Act entitled 
^^ An Act to authorize the Employment of 
Volunteers to aid in Enforcing the La'w.% and 
Protecting Public Property,^' approved July 
twenty-second, 1861. 

In the Senate on the twenty-fourth of Febru- 
ary, 1803, Mr. Howe, of Wisconsin, from the 
Committee on Pensions, reported a bill to amend 
the act to authorize the employment of volun- 
teers, approved the twenty-second of Jul}', 1861. 
The bill provided that every non-commissioned offi- 
cer, private, or other person who had been, or might 
thereafter be, discharged from the army within two 
years from the date of his enlistment, bj^ reason 
of wounds received in battle, should be entitled 
to receive the same bounty as was granted, or 
might be granted, to the same class of persons 
who were discharged after a service of two years. 
It was read three times, engrossed, and passed 
without a division. In the House, on the second 
of March, it was taken up and passed. It was 
approved by the President on the third of March, 
1863. 



48 



REBELLION RECORD, 1864. 



No. XLVII. — The Joint Resolution giving the 
Thanls of Congress to Major-General William 
S. Rosecrans and the Officers and Men under 
Ids Command, for their Gallantry and Good 
Conduct in the Battle of Murfrecshoro, Ten- 
nessee. 

In the Senate, on the eighth of January, 18G3, 
Mr. Wilson introduced a joint resolution, giving 
the thanks of Congress to Major-Gencral AVilliam 
S. Rosecrans, and the officers and men under his 
command, for their gallantry and good conduct 
at the battle of Murfreesboro, Tennessee, which 
M^as read twice and referred to the Military 
Committee. 

On the twenty-first, Mr. "Wilson reported it 
back without amendment. It presents the thanks 
of Congress to Major-General William S. Rose- 
crans, and, through him, to the officers and men 
under his command, for their distinguished gal- 
lantry and good conduct at the battle of Mur- 
freesboro, Tennessee, where they achieved a sig- 
nal victoi-y for our arms ; and the President 
of the United States was requested to cause the 
foregoing resolution to be communicated to Major- 
General Rosecrans, in such terms as he may 
deem best calculated to give effect to it. 

On the twenty-seventh of February, Mr. Wil- 
son called up the resolution, which had not been 
acted upon because the official report of the bat- 
tle had not been received. The report had been 
received, and the resolution was taken up and 
passed. 

The House of Representatives, on the second 
of March, took up and passed the joint resolu- 
tion, and it was approved on the third of March, 
1863. 

No. XLVIII.— TAe Bill providing for the Or- 
ganization of the Signal Corps. 

In the Senate, on the ninth of February, Mr. 
Lane, of Indiana, from the Committee on Mili- 
tary Affairs, reported a bill to provide for the 
organization of a Signal Corps to serve during 
the war, which was read twice, and ordered to 
be printed, with the report accompanying it. On 
the nineteenth, on motion of Mr. Lane, of In- 
diana, the bill was taken up, considered and 
passed. 

In the House, on the second of March, the bill 
was taken up and read twice ; and on motion of 
Mr. McPherson, it was amended by adding five 
new sections, providing, that paymasters be re- 
quired, when informed by soldiers of the loss 
of allotment checks, to forward the information 
to the United States Sub-Treasurer in the city 
of New-York. That there may be appointed fifty 
surgeons and two hundred and fifty assistant- 
surgeons of volunteers. That section two of the 
act approved March third, 1849, entitled "An act 
to provide for the payment of horses and other 
property lost or destroyed in the military service 
of the United States," should be construed to in- 
clude steamboats and other vessels, and railroad 
engines and cars. That no steamboat, nor the 
master or owner of any steamboat, should be 



liable to any of the penalties prescribed by exist- 
ing laws, nor be liable to any person or persons 
for any injury or damage that may result, for 
transporting gunpowder, or any materials wliich 
ignite by friction, or oils or other explosive burn- 
ing fluids, when such transportation should be 
done in the service of the Government. That that 
part of the sixth section of the act to authorize 
the employment of volunteers, approved July 
twenty-second, 1861, which secures to the widows 
of such volunteers as die or may bo killed in 
service, a bounty of one hundred dollars, should 
not be construed to apply to any widow of any 
soldier dying or killed in service who may have 
wilfully, maliciously, and without just provoca- 
tion, deserted her husband before he entered such 
service. On motion of Mr. Dunn, of Indiana, 
the bill was so amended as to provide, that the 
laws heretofore passed relating to the pay of the 
volunteers and militia called into the service since 
the first day of April, 1861, should be so con- 
strued as to allow payment to such volunteers 
and militia to conunence as follows : to the en- 
listed men from the date of their individual en- 
rolment or enlistment, and to the non-commis- 
sioned officers from the date at which they were 
mustered into service, the date of their entering 
upon actual service in the field, or the date of the 
organization of their respective companies or regi- 
ments, in the manner prescribed by the general 
orders of the War Department, whichever of those 
dates should in point of time first occur. 

Mr. Holman, of Indiana, moved to amend the 
bill by adding a new section, providing that the 
pay of privates in the service of the United States 
should, after the first day of March, 1863, be 
fifteen dollars per month; and it was agreed to — 
yeas, eighty-four ; nays, forty-six. On motion 
of Mr. Wright, of Pennsylvania, it was further 
amended by adding three sections, providing 
that the President, the Secretary of War, and 
the Surgeon-General be authorized to purchase 
one or more site or sites for the purpose of erect- 
ing suitable hospital buildings for the accommo- 
dation of poor, disabled, discharged soldiers of 
the army or of the volunteer service, and to be 
paid for, as well as the cost of the improvements 
and buildings, out of the appropriation of two 
million dollars made by an act entitled " An act 
making appropriations for the support of the 
armj^," approved fifth July, 1862. Tliat the Presi 
dent. Secretary of War, and Surgeon-General 
were authorized to make rules and regulations as 
to the management, control, and superintendence 
of said hospitals. That the soldiers who may be 
entitled, under rules and regulations, to be placed 
in the hospitals, should be fed, clothed, and care- 
fully provided for, at the cost of the Government 
of the United States, so long as they were dis- 
abled and incompetent to procure a living, or had 
not the means of self-support: Provided, that no 
soldier during the time he might reside in the 
said hospital or home should be entitled to re- 
ceive any pension. The bill, as amended, was 
then passed. The amendments of the House 
were not acted upon by the Senate. 



DOCUMENTS. 



49 



No. XLIX. — The Bill axithorizing the Brevetting 

of Volunteer Officers. 

In the Senate, on the eighteenth of February, 
18G3, Mr. Lane, of Indiana, from the Military 
Committee, reported a bill to authorize the bre- 
vetting of volunteer and other officers, which was 
read and passed to a second reading. On the twen- 
ty-fifth, the Senate, on motion of Mr. Lane, proceed- 
ed to the consideration of the bill. It proposed to 
authorize the President, by and with the advice 
and consent of the Senate, to confer brevet rank 
upon such commissioned officers of the volun- 
teer and other forces in the United States service 
as had been, or might thereafter be, distinguish- 
ed by gallant actions or meritorious conduct ; 
which rank should not entitle them to any in- 
crease of pay or emoluments. The bill was passed 
without amendment. In the House, on the sec- 
ond of March, it was taken up, read three times, 
and passed without amendment, and approved 
by the President on the third day of March, 1863. 

No. L. — 27ie Bill to p7'omote the Efficiency of 
the Corps of Engineers, and of the Ordnance 
Department, and for other purposes. 
In the House, on the thirteenth of June, 18G2, 
Mr. Dunn, of Indiana, from the Committee on 
Military Affiiirs, reported a bill to promote the 
efficiency of the corps of engineers, and of the 
commissary department, which was read twice, 
and its further consideration postponed. On the 
twenty-fourth, it was considered and recommitted, 
on motion of Mr. Dunn, to the Military Commit- 
tee, with leave to report at any time. On the 
ninth of July, Mr. Dunn reported it back with 
amendments, which were concurred in, and the 
bill passed. The Senate, on the eleventh, re- 
ferred it to the Military Committee, but no action 
was taken at that session. 

In the Senate, on the thirteenth of February, 
Mr. Wilson introduced a bill to reorganize the 
corps of engineers, which was read twice, and 
referred to the Military Committee. On the sev- 
enteenth, Mr. Wilson reported back with an 
amendment. It was taken up for consideration 
on the twenty-sixth. It proposed to abolish the 
corps of topographical engineers, and to merge it 
into the corps of engineers, which were to have 
one chief engineer, with the rank, pay, and emol- 
uments of a major-general ; two inspectors-gen- 
eral of fortifications, with the rank, pay, and 
emoluments of brigadier-generals ; five colonels, 
ten lieutenant-colonels, twenty majors, thirty 
captains, thirty first lieutenants, and ten second 
lieutenants. The general officers provided were 
to be selected from the corps of engineers, and 
officers of all lower grades were to take rank ac- 
cording to their respective dates of commission in 
the existing corps of engineers or corps of topo- 
graphical engineers. No officer of the corps of 
engineers was thereafter to be promoted to a 
higher grade before having passed a satisfactory 
examination before a board of three engineers, 
senior to him in rank ; and should the officer fail 
at the examination, he was to be suspended from 
promotion for one year, when he should be reex- 
VoL. IX.— Doc. 4 



amined, and, upon a second failure, should be 
dropped by the President from the army. 

The Committee on Military Affairs reported as 
an amendment that there should be added to the 
ordnance department, one lieutenant-colonel, two 
majors, four captains, four first lieutenants, and 
eight second lieutenants. That there should be 
added to the officers in the quartermaster's de- 
partment, by regular promotion, one colonel, four 
lieutenant-colonels, and eight majors ; that the 
increase of rank and officers, and in the number 
of officers provided in sections four and five of 
the act should continue only during the existence 
of the present rebellion, and one year thereafter. 
The amendment M'as agreed to. 

Mr. Kennedy, of Maryland, moved to amend, 
by adding, that the President be authorized to 
confer upon the senior officer of the marine corps, 
the rank, pay, and emoluments of brigadier-gen- 
eral in lieu of the office of colonel commandant, 
and that the office of colonel commandant be 
abolished ; and the amendment was agreed to. 
Mr. Grimes moved to lay the bill on the table — • 
yeas, seven, nays, twenty-eight. On motion of 
Mr. Wilson, the amendment of Mr. Kennedy was 
reconsidered ; but was agreed to — yeas, twenty- 
two ; nays, thirteen. Mr. Wilson then moved to 
lay the bill on the table, as he could not vote for 
it after the adoption of Mr. Kennedy's amend- 
ment ; but the motion was lost — yeas, fourteen, 
nays, twenty. On motion of Mr. Wilson, the 
bill was then recommitted, and not again re- 
ported. 

In the Senate, on the twenty-first of January, 
1863, Mr. Wilson,from the Military Committee, re- 
ported the House bill referred to the Committee 
on the eleventh of June, 1862. On the thirteenth 
of February, on motion of Mr. Wilson, it was re- 
committed ; and on the twenty-eighth, Mr. Wil- 
son reported it back with an amendment as a 
substitute. 

On the second of March, the Senate proceeded 
to consider the substitute. It proposed to strike 
out all of the House bill and insert : " That the 
corps of topographical engineers, as a distinct 
branch of the army, is abolished, and is merged 
into the corps of engineers, which shall have one 
chief-engineer, with the rank, pay, and emolu- 
ments of a brigadier-general ; four colonels, ten 
lieutenant-colonels, twenty majors, thirty cap- 
tains, thirty first lieutenants, and ten second lieu- 
tenants. That the general officer provided shall 
be selected from the corps of engineers as estab- 
lished, and that officers of all lower grades shall 
take rank according to their respective dates of 
commission in the existing corps of engineers or 
corps of topographical engineers. That no officer 
of the corps of engineers, below the rank of a field- 
officer, shall hereafter be promoted to a higher 
grade, before having passed a satisfactory ex- 
amination before a board of three engineers, se- 
nior to him in rank ; and should the officer fail at 
said examination, he shall be suspended from 
promotion for one year, when he shall be reex- 
amined, and, upon a second failure, shall be 
dropped by the President from the army. That 



50 



REBELLION RECORD, 1864. 



there shall be added to the ordnance department, 
one heutenant-colonel, two majors, four captains, 
four first lieutenants, and eight second lieuten- 
ants ; the additional officers herein authorized to 
be appointed by promotion, so far as the present 
officers of the ordnance corps will permit ; and 
the residue to be appointed by transfers from 
other regiments or corps of the army. That 
there be added to the officers now in the quarter- 
master's department of the army, by regular pro- 
motion therein, one colonel, two lieutenant-col- 
onels, and four majors, who shall have the same 
rank in said department as other officers of like 
grade therein. That the increase of rank of offi- 
cers and in the number of officers provided for 
in this act shall continue only during the exist- 
once of the present rebellion and one year there- 
after ; excepting, however, the ordinary increase 
of grade by ordinary promotion, independent of 
the provisions of this act. That section two of 
the act approved March third, 1849, entitled 
'An act to provide for the payment of horses and 
other property lost or destroyed in the military 
nervice of the United States,' shall be construed 
to include steamboats and other vessels, and 
' railroad engines and cars,' in the property to 
be allowed and paid for when destroyed or lost 
under the circumstances provided for in said act. 
That the forces authorized to be received into the 
service by the twelfth section of the act approv- 
ed the seventeenth of July, 1862, entitled ' An 
act to amend the act calling forth the militia to 
execute the laws of the Union, suppress insurrec- 
tion, and repel invasion, approved February 
twenty-eighth, 1795, and the act amendatory 
thereof, and for other purposes,' shall be officer- 
ed by persons appointed and commissioned by 
the President, and governed by the rules and ar- 
ticles of war. That all payments of advance 
bounty made to enlisted men who have been dis- 
charged before serving out the term required by 
law for its payment in full, shall be allowed in 
the settlement of the accounts of the paymasters 
at the treasury ; but hereafter, in all such cases, 
the amount so advanced shall be charged against 
the enlisted men, unless the discharge be upon 
surgeon's certificate for wounds received or sick- 
ness incurred since their last enlistment. That 
upon any requisition hereafter being made by the 
President for militia, any person who shall have 
volunteered or been drafted for the service for 
the term of nine months, or a shorter period, 
may enlist into a regiment from the same State 
to serve for the terra of one year, and any person 
so enlisting shall be entitled to and receive a 
bounty of fifty dollars, to be paid in time and 
manner provided by the act of July twenty-se- 
cond, 1861, for the payment of the bounty pro- 
vided for by that act." Mr. Grimes moved to 
strike out the fifth and sixth sections, relating to 
the quartermaster's department, and the contin- 
uance of the ranks of officers one year after the 
close of the rebellion ; and the aincndnient was 
agreed to — yeas, twenty-two, nays, fourteen. On 
motion of Mr. Harris, the substitute was amend- 
ed, by adding, that no officer of the ordnance de- 



partment below the rank of field-officer should 
be promoted or commissioned to a higher grade, 
nor should any officer of the army be commis- 
sioned as an ordnance officer, until he should 
have passed a satisfactory examination before a 
board of not less than three ordance officers, se- 
nior to himself in rank. Mr. Harris moved to 
amend the substitute, so as to increase the cap- 
tains and first lieutenants of the ordnance depart- 
ment, "eight" each instead of "four" each ; and 
the amendment was agreed to. 

Mr. Anthony moved to add an additional sec- 
tion, relieving the members of the Friends from 
draft; and he supported his amendment in an 
earnest speech. It was opposed by Mr. Richard- 
son, Mr. Lane, of Kansas, and Mr. Cowan, and 
lost — yeas, fourteen ; nays, twenty-two. On mo- 
tion of Mr. Wilson, the substitute was amended, 
by adding four new sections, providing that the 
officers of the medical department should unite 
with the line officers of the army in supervising 
the cooking within the same, as an important 
sanitary measure, and that it should promulgate 
to its officers such regulations and instructions 
as might tend to insure the proper proportion of 
the ration of the soldier. That cooks should be 
detailed in turn from the privates in each com- 
pany of troops in the service, at the rate of one 
cook for each company numbering less than thir- 
ty men, and two cooks for each company num- 
bering over thirty men, who should serve ten 
days each. That the President should be author- 
ized to cause to be enlisted for each cook two 
under-cooks of African descent, who should re- 
ceive for their full consideration ten dollars per 
month, and one ration per day ; three dollars of 
said monthly pay might be in clothing. That the 
army rations should hereafter include pepper, in 
the proportion of four ounces for every one hun- 
dred rations. 

Mr. Sherman moved to amend, by providing 
that the increase of the rank and number of of- 
ficers should continue only during the rebellion 
and one year after; and the amendment was 
adopted. Mr. Richardson, of Illinois, moved to 
strike out the eighth section of the substitute, 
providing that the colored troops should be offi- 
cered by men appointed and commissioned by 
the President. The amendment was opposed by 
Mr. AVilson, and Mr. Lane, of Kansas, and re- 
jected. The substitute as amended was agreed to. 
Mr. Trumbull moved to amend, by adding a sec- 
tion repealing the three hundred dollar commu- 
tation clause of the enrolment act not then ap- 
proved. After debate it was rejected — yeas, ten; 
nays, twenty-five. Mr. Davis moved to amend, 
by adding a section declaring that no negro, free 
or slave, should be enrolled in the military, ma- 
rine, or naval service of the United States ; but 
it was rejected — yeas, twelve; nays, twenty- 
three. Mr. Powell then moved that no person 
of African descent should be commissioned or 
hold an office in the army — yeas, eighteen ; nays, 
seventeen. Mr. Lane, of Kansas, moved to 
amend, by adding to Mr. Powell's amendment, 
the words " except company officers in compa 



DOCUMENTS. 



61 



nies composed exclusively of persons of African 
descent ;" and the amendment was agreed to — 
yeas, nineteen; nays, seventeen. Mr. Wilson 
said he was satisfied that the bill would not go 
through Congress with the section in it, and he 
moved to strike it out, and the motion was agreed 
to. Mr. Richardson demanded the yeas and nays 
on the passage of the bill, and they were order- 
ed, and resulted — yeas, twenty-si.x: ; nays, ten. 
On motion of Mr. Wilson, the title was amended 
so as to read : "An act to promote the efficiency 
of the corps of engineers and of the ordnance de- 
partment, and for other purposes." The House 
concurred in the amendments of the Senate ; so 
the bill was passed, and approved by the Presi- 
dent on the third of March, 1863. 

No. LT. — The Bill to increase the Nmriber of Ma- 
jor-Generals and Brigadier- Generals. 
In the Senate, on the tenth of February, 1863, 
Mr. Wilson, of Massachusetts, reported from the 
Committee on Military Affairs a bill to authorize 
an increase in the number of major-generals and 
brigadier generals, which was read and passed 
to a second reading. On the eleventh, the^enate, 
on motion of Mr. Wilson, proceeded to the con- 
sideration of the bill. It authorized in addition 
to the four major-generals and nine brigadier- 
generals for the regular army, and the forty ma- 
jor-generals and two hundred brigadier-generals 
for the volunteer service, the appointment of 
thirty major-generals and seventy brigadier-gen- 
erals of volunteers. On motion of Mr. Grimes, 
the yeas and nays were ordered on the passage 
of the bill. Mr. Grimes and Mr. Carlisle opposed 
its passage. 

On the twelfth, the Senate resumed the con- 
sideration of the bill. Mr. Fessenden moved to 
strike out the word " thirty " and insert " twen- 
ty," as the number of major-generals, and to 
strike out the word " seventy " and insert " fifty," 
as the number of brigadier-generals. The 
amendment was supported by Mr. Fessenden, 
Mr. Trumbull, Mr. Rice, and Mr. Carlisle, and 
opposed by Mr. King, Mr. Wilson, and Mr. Lane, 
of Kansas, and agreed to — yeas, twenty-four ; 
na3's, thirteen. 

Mr. Trumbull moved to amend by adding at 
the end of the bill the words, " beyond which 
number as authorized by this act and the laws 
herein referred to, no general shall be appointed 
in any branch of the public service ;" and the 
amendment was agreed to. Mr. Powell moved 
to recommit it to the Military Committee ; but the 
motion was rejected. The bill was then passed — 
yeas, twentj^-two; nays, fourteen. 

In the House, on the twenty-first, the bill, on 
motion of Mr. Olin, was referred to the Military 
Committee. On the twenty-sixth, Mr. McPher- 
son, from that Committee, reported it back with 
amendments. The first amendment reported by 
the Military Committee was to strike out the 
word "twenty" and insert "forty," so as to in- 
crease the number of major-generals forty in- 
stead of twenty ; and it was agreed to — yeas. 



amendment was to increase the number of bri- 
gadier-generals one hundred instead of fifty, as 
proposed by the Senate ; and it was agreed to — 
yeas, ninety-one ; nays, forty-eight. The third 
amendment proposed to strike out the amend- 
ment moved by Mr. Trumbull, forbidding the 
appointment of any generals not provided for 
by law ; and it was agreed to — yeas, seventy ; 
nays, sixty-seven. Mr. Cox moved to amend it 
by adding that the President should appoint no 
one except for gallant and meritorious service in 
the field ; and the amendment was agreed to — 
yeas, ninety-two ; nays, forty-one. The bill was 
then passed — yeas, one hundred and two ; nays, 
thirty-five. 

In the Senate, on the twenty-seventh, Mr. 
Wilson moved that the Senate disagree to the 
House amendment, and ask a committee of con- 
ference. The motion was agreed to, and Mr. 
Wilson, Mr. Cowan, and Mr. Latham were ap- 
pointed managers on the part of the Senate. On 
motion of Mr. McPherson, of Pennsylvania, the 
House insisted on its amendments, agreed to the 
committee of conference, and appointed Mr. 
McPherson, Mr. Dunn, of Indiana, and Mr. Mal- 
lorjr, of Kentucky, managers on its part. 

In the Senate, Mr. Wilson from the committee 
of conference reported that the Senate concur in 
the first amendment of the House, to increase the 
number of major-generals " fortj'- " instead of 
" twenty," with an amendment making the num- 
ber " thirty ;" tliat the Senate concur in the 
amendment of the House to increase the number 
of brigadier-generals " one hundred " instead of 
" fifty," with an amendment making the number 
"seventy-five;" that the Senate concur in the 
third amendment of the House, striking out the 
words, " forbidding the appointment of any gen- 
erals not provided for by law ;" and that the 
Senate concur in the fourth amendment of the 
House with an amendment so as to make it read: 
" That the officers to be appointed under this act 
shall be selected from those who have been 
conspicuous for gallant or meritorious conduct 
in the line of duty." The Senate concurred in 
the report. 

In the House, on the twenty-eighth, Mr. Mc- 
Pherson, from the committee of conference, made 
a report. Mr. Cox moved that it be laid upon 
the table— yeas, thirty; nays, eighty-five; so 
the House refused to lay the report on the table. 
The report was then agreed to, and the bill was 
approved by the President on the second day of 
March, 1863. 

No. LII. — The Joint Resolution of ThanTcs to Ma- 
jor- General Ulysses S. Grant, and the Officers 
and Soldiers who have fought under his Com- 
mand during the Rehellion ; and providing 
that the President of the United States should 
cause a Medal to he struelc, to he i^resented to 
Major- General Grant in the name of the People 
of the United States of America. 
In the House, on the eighth of December, 1863, 

Mr. Washburne, of Illinois, by unanimous con- 



eighty-eight ; nays, fifty-three. The second | sent introduced a joint resolution of thanks to 



52 



REBELLION RECORD, 1864. 



Major-Gencral Ulysses S. Grant, and the officers 
and soldiers under his command, during the re- 
bellion, and providing that the President of the 
United States should cause a medal to be struck, 
to be presented to Major-Gcneral Grant in the 
name of the people of the United States. The 
resolution was passed unanimously. 

In the Senate, it was referred to the Military 
Committee, and on the sixteenth, Mr. Wilson re- 
ported it without amendment. The resolution 
directs " that the thanks of Congress be presented 
to Major-General Ulysses S. Grant, and through 
him to the officers and soldiers who have fought 
under his command during this rebellion, for 
their gallantry and good conduct in the battles 
in which they have been engaged ; and requests 
the President of the United States to cause a 
gold medal to be struck, with suitable emblems, 
devices, and inscriptions, to be presented to Ma- 
jor-General Grant. When the medal shall have 
been struck, the President is to cause a copy of 
the joint resolution to be engrossed on parch- 
ment, and to transmit it, together with the medal, 
to Major-General Grant, to be presented to him 
in the name of the people of the United States 
of America. A sufQcient sum of money to carry 
this resolution into effect is appropriated out of 
any money in the Treasury not otherwise appro- 
priated." Mr. Wilson asked that the joint re- 
solution should be put upon its passage. Mr. 
Fessenden asked if the Military Committee had 
made " any examination to ascertain what sura 
may be necessary to carry the resolution into 
effect." Mr. Wilson replied that " the Committee 
did not know what sura it would be necessary to 
appropriate, and it was thought best to leave the 
matter to the discretion of the authorities." The 
joint resolution was then unanimously passed, 
and approved by the President on the seventeenth 
of December, 1863. 

No. LIII. — TTie Joint Resolution to supply in 
part Deficiencies in Appropriations for the pub- 
lic Printing, and to su2)ply Deficiencies in the 
Appropriations for Bounties to Volunteers. 
In the House, on the twenty-first of December, 
18G3, Mr. Stevens, from the Committee of Ways 
and Means, reported a joint resolution to supply 
in part deficiencies in the appropriations for the 
public printing, and to supply deficiencies in the 
appropriations for bounties and premiums to vol- 
unteers, which was read twice, committed to the 
Committee of the Whole, and made the special 
order for two o'clock of that day. The joint 
resolution appropriated fifty thousand dollars for 
deficiencies in the appropriations for public print- 
ing, and twenty million dollars for the payment 
of bounties, advance pay, and premiums, for sol- 
diers who volunteered or enlisted in the service 
of the United States. At two o'clock the House, 
on motion of Mr. Stevens, resolved itself into 
Committee of the Whole, Mr. Fenton, of New- 
York, in the chair. After debate, in which Mr. 
Steven.s, Mr. Brooks, Mr. Cox, Mr. Schenck, Mr. 
Garfield, Mr. Lovejoy, Mr. Spalding, Mr. Kelley, 



and Mr. Strouse participated, the committee, on 
motion, rose to terminate the debate. 

Mr. Harding, of Kentucky, moved to amend 
by adding, as a provision, that no part of the 
money aforesaid should be applied to the rais- 
ing, arming, equipping, or paying of negro sol- 
diers. Mr. Schenck demanded the yeas and 
nays, and they were ordered, and being taken 
resulted — yeas, forty -one ; nays, one liundred 
and five ; so the amendment was lost. The joint 
resolution was then passed without a division. 

On the twenty-second, the Senate, on motion 
of Mr. Wilson, proceeded to the consideration of 
the resolution. Mr. Wilson moved to amend it 
by striking out the words, "and premiums for 
soldiers volunteering or enlisting in the service 
of the United States," so that the clause would 
read: "That the sum of twenty million dollans, 
or so much thereof as may be required, be, and 
the same is hereby, appropriated for the paj^ment 
of bounties and advance pay." The amendment 
was agreed to. Mr. Fessenden then moved to 
amend the resolution by adding a proviso, that 
no bounties, except such as were provided by 
law, should be paid to any person enlisted after 
the fifth day of January, 1865. After debate, in 
which Mr. Fessenden, Mr. Harris, Mr. Sherman, 
Mr. Cowan, Mr. Grimes, Mr. Collamer, Mr. Wil- 
son, and Mr. Ten Eyck participated, the vote was 
taken on the amendment, and it was agreed to — 
yeas, thirty-five ; nays, nine. Mr. Wilson moved 
to amend by adding as a new section, that the 
money paid by drafted persons should be paid 
into the treasury of the United States, and should 
be drawn out on requisitions, as in the case of 
other public moneys. The money so paid should 
be kept in the treasury as a special deposit, ap- 
plicable only to the expenses of draft and for the 
procuration of substitutes, for which the same 
is herebj' appropriated. The amendment was 
agreed to, and the joint resolution as amended 
was passed. 

The House concurred in the amendments, and 
the joint resolution was approved by the Presi- 
dent on the twenty-third of December, 1863. 

No. LIV. — The Joint Resolution to drop from 
the Rolls of the Army unemployed General 
Officers. 

In the House, on the eighth of March 1864, 
Mr, Schenck, from the Committee on Military 
Affairs, reported a joint resolution to drop from 
the rolls of the army unemployed general officers, 
which was read twice and made the special order 
for the fifteenth of March, On the sixteenth, the 
resolution was taken up, debated, and amend- 
ments proposed by Mr. Cox, of Ohio, and Mr. 
Kernan, of New-York. The House, on the sev- 
enteenth, on motion of Mr. Ashley, of Ohio, post- 
poned the further consideration of the resolution 
to the sixth of April. On the eleventh of May, 
it was taken up, the pending question being 
on the amendments of Mr. Cox and Mr. Kernan. 
The amendment of Mr. Cox provided that when- 
ever any officer should demand a court of in- 



DOCUMENTS. 



53 



quiry, such court should be convened ; and if the 
court find him competent to command in the 
rank to whicli he is entitled, he should be re- 
stored. The amendment was disagreed to — 
yeag, forty-six ; nays, sixty-nine. Mr. Kernan's 
amendment provided for the appointment of a 
board of officers, to consist of three major-gen- 
erals, three brigadier-generals, and three colonels, 
to examine into the competency, fitness, and effi- 
ciency for command of major-generals and briga- 
dier-generals, who should not be in the perform- 
ance of duty on the first of July, 1864. The 
amendment was lost — yeas, seventy-two ; nays, 
forty-five. It was referred by the Senate to the 
Committee on Military Affairs, and not reported. 

In the House, on the eighth of December, 
1864, Mr. Schenck, from the Committee on Mili- 
tary Affairs, reported a bill to drop from the rolls 
of the army unemployed major-generals and bri- 
gadier-generals, which was read twice and recom- 
mitted to the Committee. On the fourteenth, 
Mr. Schenck from the Military Committee, re- 
ported it back with a recommendation that it do 
pass. It provided that all major and brigadier- 
generals in the military service, who on the fif- 
teenth day of February, 1865, should not be in 
the performance of duty or service corresponding 
to their respective grades or rank, and who should 
not have been engaged in such duty or service 
for three months continuously next prior to that 
date, should be dropped from the rolls of the 
army. That thereafter, continuously, until the 
termination of the war, on the last day of each 
month, after the fifteenth day of Februar}', 1865, 
the provisions of the bill should be made applicable 
to any general officer in the military service, who 
should not, on the last day of any month, have 
been engaged in the performance of duty or serv- 
ice corresponding to his proper rank for three 
months consecutively, then next preceding. Mr. 
Eldridge, of Wisconsin, demanded the yeas 
and nays, and they were ordered, and the bill 
passed — yeas, ninety-nine ; naj'S, thirty-eight. 

In the Senate, the bill was referred to the Com- 
mittee on Military Affairs. On the twenty-se- 
cond, Mr. Wilson reported, that " the Committee 
are unanimously of the opinion that economy, 
justice, and the efficiency and general interests of 
the military service alike demand that where gen- 
eral officers in the regular and volunteer forces 
of the United States are found to be unfit for 
commands, and who are consequentl}^ unemployed 
or employed on duty not corresponding to their 
rank, they should be mustered out of the service, 
and that the vacancies thus created should be 
filled by new promotions and appointments, in 
order that the officers of an inferior grade who 
are performing the duties proper to such general 
officers may be promoted to the rank and receive 
the pay, allowances, and emoluments of such gen- 
eral officers. But the Committee are of opinion 
that no fixed, inflexible rule of discrimination, 
such as is embodied in the joint resolution of the 
House of Representatives, could be adopted and 
executed consistently with equal and exact just- 
ice toward individual officers, and with the inter- 



ests of the military service of the country. Just- 
ice and the pubhc interests demand that the pow- 
er to muster general officers out of the service of 
the United States should be exercised with much 
discrimination and care. The power of removal 
and the responsibility of action being now fully 
and completely vested in the President, the Com- 
mittee unanimously report against the passage of 
the joint resolution of the House of Representa- 
tives." On the sixth of January, the Senate, on 
motion of Mr. Wilson, proceeded to consider the 
bill. Mr. Wilson moved its indefinite postpone- 
ment. The indefinite postponement of the bill 
was advocated by Mr. Wilson, Mr. Lane, Mr. 
Grimes, Mr. Powell, Mr. Henderson, Mr. Hen- 
dricks, and Mr. Johnson, and opposed by Mr. 
Trumbull, Mr. Conness, Mr. Davis, Mr. Howe, 
and Mr. Farwell. The question was then taken, 
and the motion was agreed to — yeas, twenty- 
eight ; nays, eight. 

No. LY. — The Joint Resolution expressive of the 
Thanks of Congress to Major-Oeneral Joseph 
Hooker, and Major- General George G. Meade, 
and Major- G eneral Oliver 0. Howard, and 
the Officers and Men of the Army of the Po- 
tomac. 

In the Senate, on the fourteenth of December, 
1863, Mr. Wilson, of Massachusetts, introduced 
a joint resolution expressive of the thanks of Con- 
gress to Major-General Joseph Hooker, and Ma- 
jor-General George G. Meade, and the officers and 
soldiers of the army of the Potomac, which was 
read twice and referred to the Military Counnit- 
tee. On the eighth of January, 1864, Mr. Wil- 
son reported it back without amendment. The 
Senate, on the eighteenth, on motion of Mr. Wil- 
son, proceeded to the consideration of the resolu- 
tion, which declared that the gratitude of the 
American people, and the thanks of their repre- 
sentatives in Congress, be tendered to Major-Gen- 
eral Joseph Hooker, and the oflBcers and soldiers 
of the army of the Potomac, for the skill, energy, 
and endurance which first covered Washington 
and Baltimore from the meditated blow of the 
advancing and powerful army of rebels led by 
General Robert E. Lee ; and to Major-General 
George G. Meade, and Major-General Oliver 0. 
Howard, and the officers and soldiers of that 
army, for the skill and heroic valor which at Get- 
tysburgh repulsed, defeated, and drove back, 
broken and dispirited, beyond the Rappahan- 
nock, the veteran army of the rebellion. Mr. 
Grimes said: "As I have read the history of 
that campaign, the man who selected the position 
where the battle of Gettysburgh was fought, and 
who, indeed, fought it the first day, was General 
Howard, and to him the country is indebted as 
much for the credit of securing that victory as to 
any other person. I wish, therefore, as a recog- 
nition of his merits, to couple his name with that 
of General Meade, in the vote of thanks." He 
moved to insert after the name of General Meade 
the name of Major-General Oliver 0. Howard, and 
the amendment was agreed to. The joint reso- 
lution as amended then passed without a division. 



64 



REBELLION RECORD, 1SG4. 



The House of Representatives, on the twenty- 
sixth, passed it unanimously ; and the President 
approved it on the twenty-eighth of January, 
1864. 

No. LVT. — The Joint Resolution expressive of 
the Thanls of Congress to Major- General N'a- 
thaniel P. Banks, and the Officers and Men 
tinder his Command. 

In the Senate, on the fourteenth of December, 
18G3, Mr. Wilson introduced a joint resolution 
expressive of the thanks of Congress to Major- 
General Nathaniel P. Banks, and the officers and 
soldiers under his command at Port Hudson, 
M'hich was read twice and referred to the Com- 
mittee on Military Affairs. On the eighth of 
January, 1804, Mr. Wilson reported it back with- 
out amendment. The Senate, on the eighteenth, 
on motion of Mr. Wilson, took up the resolution, 
and it passed unanimously. 

In the House, on the twenty-sixth, the resolu- 
tion, on motion of Mr. Eliot, of Massachusetts, 
was taken up and passed. The joint resolution 
tendered the thanks of Congress to Major-General 
Nathaniel P. Banks and the officers and soldiers 
under his command, for the skill, courage, and 
endurance which compelled the surrender of Port 
Hudson, and thus removed the last obstruction 
to the free navigation of the Mississippi River ; 
and was approved by the Pi-esident on the twen- 
ty-eighth of January, 18G4. 

No. LVII. — The Joint Resolution expressive of 
the TlianTcs of Congress to Major-General Am- 
ir ose E. Burnside, and the Officers and Men 
who had fought under him. 
In the Senate, on the fifteenth of December, 
1863, Mr. Anthony, of Rhode Island, introduced 
a joint resolution expressive of the thanks of Con- 
gress to Major-General Ambrose E. Burnside, 
and the officers and soldiers who had fought un- 
der him, which was read twice and referred to 
the Military Committee. On the eighth of Janu- 
ary, 1804, Mr. Sprague, of Rhode Island, from 
the Military Committee, reported it back without 
amendment. The resolution provided that the 
thanks of Congress be presented to Major-Gen- 
eral Ambrose E. Burnside, and, through him, to 
the officers and men who had fought under his 
command, for their gallantry, good conduct, and 
soldier-like endurance ; and that the President of 
the United States be requested to cause the reso- 
lution to be communicated to Major-General Burn- 
side, in such terms as he might deem best calcu- 
lated to give effect thereto. 

On the eighteenth, the Senate, on motion of 
Mr. AN'ilson, proceeded to the consideration of the 
resolution, and it was unanimously adopted. The 
House of Representatives, on the twenty-sLxth, 
passed it unanimously, and it was approved by the 
President on the twenty-eighth of January, 1864. 

No. LVIII. — Joint Resolution tendering the 
Thanl-s of Congress to Major-General W. T. 
Sherman. 
In the House, on the eighth of February, 18G4, 



Mr. Cobb, of Wisconsin, introduced a joint reso- 
lution expressive of the thanks of Congress to 
Major-General AV". T. Sherman. The resolution 
declared that the thanks of Congress and of the 
people of the United States were due, and that 
the same be tendered, to Major-General W. T. 
Sherman, commander of the department and 
army of the Tennessee, and the officers and sol- 
diers who served under him, for their gallant and 
arduous services in marching to the relief of the 
army of the Cumberland, and for their gallantry 
and heroism in the battle of Chattanooga, which 
contributed, in a great degree, to the success of 
our arms in that glorious victory. It was passed 
without a division. 

In the Senate, on the thirteenth, Mr. Lane, of 
Indiana, from the Committee on Military Aff^iirs, 
to which the joint resolution had been referred, 
reported it back without amendment, and it was 
passed, and approved by the President on the 
nineteenth of February, 1864. 

No. LIX. — The Bill Reviving the Grade of 

Lieutenant- General in the United States 

Army. 

In the House of Representatives, on the four- 
teenth of December, 1803, Mr. E. B. Wash- 
burne, of Illinois, introduced a bill, reviving the 
grade of lieutenant-general, which was referred 
to the Committee on Military Affairs. On the 
twenty-fifth of January, 1864, Mr. Farnsworth, 
of Illinois, reported it back, with an amendment 
in the nature of a substitute. The substitute re- 
vived the grade of lieutenant-general in the army 
of the United States, and authorized the Presi- 
dent, whenever he should deem it expedient, to 
appoint, by and with the advice and consent of 
the Senate, a commander of the army, to be se- 
lected, during war, from among the officers in 
the military service of the United States, not be- 
low the grade of major-general, who were most dis- 
tinguished for courage, skill, and ability, and who 
should be authorized, under the direction of the 
President, to command the armies of the United 
States. By the second section, the lieutenant- 
general so appointed was to be entitled to the 
pay, allowances, and staff described in the act 
of twenty-eighth Ma3% 1798 ; also to the allow- 
ances described in the sixth section of the act 
approved August twenty-third, 1842 ; provided 
that nothing in the bill should be construed to 
affect in any way the rank, pay, and allowances 
of Winfield Scott, Lieutenant-General by brevet, 
then on the retired list of the army. 

Mr. Fessenden demanded the previous ques- 
tion ; but the motion was lost — yeas, fifty-eight; 
nays, sixty-six. Mr. Pendleton, of Ohio, moved 
to postpone the further consideration of the sub- 
ject for one week, and that the bill and amend- 
ment be printed. Mr. Washburne demanded the 
yeas and nays, and they were ordered — 3'eas, 
ninety-three ; nays, fifty -six. So the motion to 
postpone was agreed to. 

On the first of February, the House proceeded 
to the consideration of the bill. The original 
bill, introduced by Mr. Washburne, provided that 



DOCUMENTS. 



55 



the grade of lieutenant-general be revived in the 
army of the United States, and the President be 
authorized, whenever he should deem it expe- 
dient, to appoint, by and with the advice and 
consent of the Senate, a commander of the army, 
to be selected, during war, from among the offi- 
cers, not below the grade of major-general, of 
the regular army, or of volunteers most distin- 
guished by courage, skill, and genius in their 
profession, and who, being commissioned as 
lieutenant-general, might be authorized to com- 
mand the armies of the United States. That 
the lieutenant-general, appointed as before pro- 
vided, should be entitled to the pay, allowances, 
and staff specified in the fifth section of the act 
approved May twenty-eighth, 1798 ; and also to 
the allowances described in the sixth section of 
the act approved August twenty-third, 1842, 
granting additional rations to certain officers. 
The amendment provided, that the grade of 
lieutenant-general be revived in the army of the 
United States; and that the President be author- 
ized, whenever he should deem it expedient, to 
appoint, by and with the advice and consent of 
the Senate, a commander of the army, to be 
selected, during war, from among the officers 
in the military service of the United States, not 
below the grade of major-general, most distin- 
guished for courage, skill, and ability ; and who, 
being commissioned as lieutenant-general, should 
be authorized, under the direction of the Presi- 
dent, to command the armies of the United 
States. That the lieutenant-general appointed, 
as before provided, should be entitled to the 
pay, allowances, and staff specified in the fifth 
section of the act approved May twenty-eighth, 
1798 ; and also the allowances described in the 
sixth section of the act approved August twenty- 
third, 1842, granting additional rations to certain 
officers : Provided, that nothing in the bill con- 
tained should be construed in any way to affect 
the rank, pay, or allowances of Winfield Scott, 
Lieutcnant-General by brevet, then on the re- 
tired list of the army. Mr. Farnsworth, Mr. 
Schenck, Mr. Washburne, and Mr. Hubbard 
advocated the passage of the measure, and Mr. 
Garfield, Mr. Stevens, and Mr. Boutwell opposed 
it. Mr. Garfield moved that the bill and amend- 
ment be laid upon the table — yeas, nineteen ; 
nays, one hundred and seventeen. Mr. Ross, 
of Illinois, moved to amend by adding, " And 
that we respectfully recommend the appoint- 
ment of Major-General U. S. Grant for the posi- 
tion of lieutenant-general ;" and it was agreed 
to — yeas, one hundred and eleven ; nays, forty- 
one. 

In the Senate, on the ninth, Mr. "Wilson, from 
the Military Committee, to which it had been 
referred, reported it back with amendments. 
On the eleventh, on motion of Mr. Wilson, the 
Senate proceeded to its consideration. 

The first amendment of the Committee was in 
line seven, section one, to strike out the words 
" commander of the army," and to insert " lieu- 
tenant-general ;" and in line eight, after the word 
"selected," to strike out the words, "during 



the war ;" so that the clause read : " And the 
President is hereby authorized, whenever he 
shall deem it expedient, to appoint, by and with 
the advice and consent of the Senate, a lieuten- 
ant-general, to be selected from among those 
officers in the military service of the" United 
States, not below the grade of major-general, 
most distinguished for courage, skill, and abil- 
ity." The amendment was opposed by Mr. 
Trumbull, and supported by Mr. Nesmith and 
Mr. Johnson, and adopted — ^yeas, twenty-five; 
nays, fifteen. 

The next amendment of the Committee was in 
line eleven, after the word " ability," to strike 
out the following words : " And who, being com- 
missioned as lieutenant-general, shall be author- 
ized, under the direction of the President, to 
command the armies of the United States ; and 
that we respectfully recommend the appointment 
of Major-General U. S. Grant, of Illinois, for the 
position of lieuenant-general." The amendment 
was opposed by Mr. Sherman, Mr. Howe, Mr. 
Richardson, Mr. Trumbull, Mr. Howard, Mr. 
Doolittle, and supported by Mr. Wilson, Mr. 
Nesmith, Mr. Grimes, Mr. Lane, and Mr. John- 
son. 

On the twenty-fourth, the Senate resumed 
the consideration of the bill, and Mr. Grimes 
declared his unalterable opposition to its passage 
in any shape in which it would be presented to 
the Senate. Mr. Sherman, Mr. Howe, Mr. Wil- 
kinson, and Mr. Hale made speeches in favor of 
the bill and against the amendment. Mr. Wil- 
son, Mr. Johnson, and Mr. Fessenden spoke for 
the amendment; and it was agreed to — yeas, 
twenty-eight; nays, twelve. Mr. Conness, of 
California, moved to amend the bill, by inserting 
after the words "lieutenant-general," the words, 
"who shall be commander-in-chief of the armies 
of the United States, under the direction of the 
President, and who shall remain in chief com- 
mand during the pleasure of the President." 
Mr. Conness demanded the yeas and nays, and 
they were ordered — yeas, ten ; nays, twenty-eight. 
So the amendment was rejected. Mr. Howard 
demanded the yeas and nays on the passage of 
the bill, and they were ordered. After a speech 
from Mr. Davis against the bill, it was passed — 
yeas, thirty-one ; nays, six. 

On the twenty-fifth, the House, on motion of 
Mr.Washburne, of Illinois, disagreed to the amend- 
ments of the Senate, asked a committee of con- 
ference, and appointed Mr. Washburne, Mr. Mc- 
Allister, of Pennsylvania, and Mr. Fenton, of 
New-York, managers on its part. The Senate, 
on the same day, voted to insist on its amend- 
ments, agreed to a committee of conference, and 
appointed Mr. Wilson, Mr. Lane, of Indiana, and 
Mr. Johnson managers on its part. 

On the twenty-sixth, Mr. Wilson, from the 
committee of conference, reported that the 
House of Representatives recede from its dis- 
agreement to the Senate amendments, and 
agree to the same with amendments. The 
report was accepted without a division. Mr. 
Washburne, from the conference committee, 



66 



REBELLION RECORD, 1864. 



reported in favor of agreeing to the Senate 
amendments with amendments. Mr. Cox moved 
that the report of the committee of conference 
be laid upon the table — j'^cas, thirty-six; nays, 
fifty-nine. The yeas and nays were then taken 
on accepting the report of the committee of con- 
ference ; and it was agreed to — yeas, seventy- 
three ; nays, forty-seven. The bill was approved 
by the President on the twenty-fourth of Febru- 
ary, 1864, and General Grant was immediately 
nominated and confirmed Lieutenant-General. 

No. IjX.—The Bill to amend " the Act for En- 
rolling and Calling out the National Forces^ 
In the Senate, on the fifth of January, 1864, 
Mr. Wilson, of Massachusetts, introduced a bill 
to amend an act for enrolling and calling out the 
national forces, and for other purposes, approved 
March third, 1863, which was read twice and re- 
ferred to the Committee on Military Affairs. On 
the sixth, Mr. Wilson reported it back with 
amendments. 

The bill provided that the President should be 
authorized to call for such number of men for the 
military service as the public exigencies should 
require. That the quota of each ward of a city, 
town, or township, or of a countv, where the 
county was not divided into wards, towns, or 
townships, should be in proportion to the num- 
ber of men liable to render military service, tak- 
ing into account the number which had been fur- 
nished the military and naval service. That if 
any State should fail to furnish, within the time 
designated by the President, the number of men 
required, the provost-marshal of the district with- 
in which any ward of a city, town, or township, 
or county, where the same was not divided into 
wards, towns, or townships, which was deficient 
in its quota, was situated, should make a draft 
for the number deficient. That any person en- 
rolled under the provisions of the act for enroll- 
ing and calling out the national forces, or who 
might be hereafter so enrolled, might furnish, at 
any time, an acceptable substitute who was not 
liable to draft. That any person enrolled and 
drafted might furnish an acceptable substitute, 
subject to such rules and regulations as might be 
prescribed by the Secretary of War. That if 
such substitute is not liable to draft, the person 
furnishing him should be exempt from draft dur- 
ing the time for which such substitute was not 
liable to draft ; and if such substitute was liable 
to draft, the name of the person furnishing him 
should again be placed on the roll. That the 
commutation money paid by persons drafted in 
any congressional district should be applied by 
the War Department for the procuration of sub- 
stitutes, which substitutes should be credited to 
that district in filling its quota. That the four- 
teenth section of the act amended should be 
amended so as to read : That all drafted persons 
should, on arriving at the rendezvous, be care- 
fully inspected by the surgeon of the board. 
That lioards of enrolment should have power to 
enroll anj' person whose name should have been 
omiltedj Jind any person arriving at the age of 



twenty years, and any person' who had not been 
in the military or naval service of the United 
States two years during the existing war and 
honorably discharged ; and the boards of enrol- 
ment should release from draft any person who, 
between the enrolment and the draft, should have 
arrived at the age of forty-five. That whenever 
a mariner or able seaman should be drafted, he 
should have the right to enlist in the naval ser- 
vice. That all enlistments into the naval service 
or into the marine corps, that might be hereafter 
made of persons liable to service, should be cred- 
ited to the ward, town, or township, or county, 
when the same was not divided into wards, 
towns, or townships, in which such enlisted men 
were or might be enrolled. That section two of 
the act for enrolling and calling out the national 
forces, should be amended by striking out all of 
the section, and inserting: "That the following 
persons be excepted and exempted from the pro- 
visions of this act, and shall not be liable to mil- 
itary duty under the same, to wit: Such as are 
rejected as ph3^sically or mentally unfit for the 
service ; the Vice-President of the United States, 
the judges of the various courts of the United 
States, the heads of the various executive depart- 
ments, the governors of the several States, and 
all persons actually in the military or naval ser- 
vice at the time of the draft, or who have been 
in such service for the term of two 3'ears during 
the present war, and been honorably discharged." 
That section third of the act for enrolling and 
calling out the national forces, and so much of 
section ten of the act as provided for tlie separate 
enrolment of each class, should be repealed. 
That any person who should forcibly resist or 
oppose any enrolment, or who should incite, 
counsel, or encourage to resist or oppose any 
such enrolment, should be punished by a fine 
not exceeding five thousand dollars, or by im- 
prisonment not exceeding five years, or by both 
of the punishments, in the discretion of the court. 
That the Secretary of War should be authorized 
to detail or appoint such number of additional 
surgeons for temporary duty in the examination 
of persons drafted into the military service, as 
might be necessary to secure the prompt exam- 
ination of all drafted persons. That provost- 
marshals, boards of enrolment, or any member 
thereof, acting by authority of the board, should 
have power to summon witnesses, and enforce 
their attendance. That copies of any record of a 
provost-marshal or board of enrolment, or of any 
part thereof, certified by the provost-marshal, or 
a majority of the board of enrolment, should be 
deemed and taken as evidence in any civil or 
military court, in like manner as the original 
record. That members of religious denomina- 
tions, who should, by oath or affirmation, declare 
that they are conscientiously opposed to the 
bearing of arms, should, when drafted, be con- 
sidered non-combatants, and should be assigned 
by the Secretary of War to duty in the hospitals, 
or to the care of freedmen. That no person of 
foreign birth should, on account of alienage, be 
exempted from enrolment or draft, who had at 



DOCUMENTS. 



67 



any time assumed the rights of a citizen by vot- 
ing at any election held under authority of the 
laws of any State or Territory, or of the United 
States, or who had held any office under such 
laws, or any of them. That all claims to exemp- 
tion should be verified by the oath or affirmation 
of the party claiming exemption. That if any 
person, drafted and liable to render military ser- 
vice, should procure a decision of the board of 
enrolment in his ftivor upon a claim to exemption 
by any fraud or folse representation practised by 
himself or by his procurement, such decision or 
exemption should be of no effect. That any per- 
son who should procure, or attempt to procure, 
a false report from the surgeon of the board of 
enrolment concerning the physical condition of 
any person drafted and liable to render service, 
or a decision in favor of such person upon a claim 
to exemption, knowing the same to be false, 
should, upon conviction, be punished by impris- 
onment. That the fees of agents and attornej^s 
for making out and causing to be executed any 
papers in support of a claim for exemption from 
draft, or for any services that might be rendered to 
the claimant, should not, in any case, exceed five 
dollars. That no member of the board of enrol- 
ment, and no surgeon detailed or employed to as- 
sist the board of enrolment, and no clerk, assistant, 
or employee of any provost-marshal or board of 
enrolment should directly or indirectly be engaged 
in procuring or attempting to procure substitutes 
for persons drafted, or liable to be drafted into 
the military service. That any surgeon charged 
with the duty of inspection, who should receive 
from any person any money or other valuable 
thing, for making an imperfect inspection, or a 
false or incorrect I'eport, and each member of the 
board of enrolment who should wilfully agree to 
the discharge from service of any drafted person 
who was not legally and properly entitled to such 
discharge, should be tried by a court-martial, 
and, on conviction, be punished by a fine of not 
less than three hundred dollars, and not more 
than ten thousand dollars, should be imprisoned 
at the discretion of the court, and be cashiered 
and dismissed the service. That nothing con- 
tained in the act should be so construed as to pre- 
vent or prohibit the enlistment of men in the 
States in rebellion under the orders of the War 
Department. 

On the seventh, the Senate, on motion of Mr. 
Wilson, proceeded to the consideration of the 
bill, and several amendments reported by the 
Military Committee were agreed to. A new 
section, moved by Mr. Grimes, exempting from 
draft pilots, engineers, and masters-at-arms in 
the naval service, was adopted. On the eighth, 
the Senate resumed the consideration of the bill, 
the pending question being the amendment re- 
ported by the Military Committee to repeal the 
commutation clause of three hundred dollars. 
Mr. Sumner moved to strike out all after the 
enacting clause of the amendment and insert: 



Secretary of War may authorize to receive the 
same, the full sum of three hundred dollars. 
And provided further, That every such person 
thus discharged shall pay, in addition to the said 
sum of three hundred dollars, a certain propor- 
tion in the nature of a tithe Of his annual gains, 
profits, or income, whether derived from any 
kind of property, dividends, salary, or from any 
profession, trade, or employment whatever, ac- 
cording to the following rates, to wit : on all in- 
come over six hundred dollars, and not over two 
thousand dollars, ten per cent ; over two thou- 
sand dollars, and not over five thousand dollars, 
twenty per cent ; and on all income over five 
thousand, thirty per cent." Mr. Clark, Mr. Col- 
lamer, Mr. Wilson, and Mr. Cowan opposed the 
repeal of the three hundred dollar commutation 
clause, and Mr. Lane, of Indiana, advocated its 
repeal. 

On the twelfth, the Senate resumed the con- 
sideration of the bill. Mr. Sumner proposed to 
modify his amendment so as to allow a drafted 
man to furnish a substitute, and to provide that 
the commutation money be used at the discretion 
of the Secretary of War to promote enlistments, 
or for the benefit of enlisted men. After de- 
bate, the vote was taken on Mr. Sumner's amend- 
ment to the amendment, and it was rejected — 
yeas, fifteen ; nays, twenty-five. Mr. Wilson 
then moved to strike out all after the enacting 
clause of the amendment repealing the three 
hundred dollar commutation provision, and in- 
serting : " That any person enrolled and drafted- 
may pay to such person as the Secretary of War 
may designate to receive it, three hundred dol- 
lars for the procurement of a substitute, and such 
person so paying three hundred dollars for the 
procurement of a substitute, shall be exempt 
from draft until such time as he shall again be- 
come liable to draft by reason of the exhaustion 
of the enrolment from which the draft shall bo 
made ; but such exemption shall not exceed the 
time for which such person shall have been draft- 
ed." The debate was further continued by Mr. 
Howe, Mr. AYilson, Mr. Grimes, Mr. Fessenden, 
Mr. Johnson, and Mr. Lane, of Kansas. 

On the fourteenth, the debate was resumed, 
and the amendment to the amendnient moved 
by Mr. Wilson having been withdrawn, the vote 
was taken on the amendment to repeal the com- 
mutation clause, and it was rejected— yeas, 
twelve ; nays, twenty-eight. Mr. Sherman moved 
to amend by adding as a new section : " That 
any person enrolled and drafted into the milita- 
ry service of the United States, may furnish an 
acceptable substitute, subject to such rules and 
regulations as may be prescribed by the Secre- 
tary of War. That if such substitute is not 
liable to draft, the person furnishing him shall 
be exempt from draft during the time for which 
such substitute is not liable to draft, not exceed- 
ing the term for which he was drafted ; and if 
such substitute is liable to draft, the name of 



" That no drafted person shall be allowed to the person furnishing him shall again be placed 
furnish a substitute, but he shall be discharged on the roll, and shall be liable to draft on luture 
from the draft on paying to such officer as the calls. And any person now in the military or 



68 



REBELLION RECORD, 1864. 



naval service of the United States not physically 
disqualified, who has so served more than one 
year, and whose term of unexpired service shall 
not, at the time of substitution, exceed six 
months, may be employed as a substitute to 
serve in the troops of the State in which he en- 
listed ; and if any drafted person shall hej-eafter 
paj' money for the procuration of a substitute, 
under the provisions of the act to which this is 
an amendment, such payment of money shall 
operate only to relieve such person from draft 
:>n that call, and his name shall be retained on 
the roll, and he shall be subject to draft on 
future calls, and the maximum of commutation 
under said act shall hereafter be five hundred 
dollars instead of three hundred dollars." Mr. 
Anthonjr, of Rhode Island, moved to amend the 
amendment by adding as a proviso : " That no 
person who has been drafted and furnished a 
substitute or paid commutation as herein pro- 
vided, shall again be liable to draft until the 
present enrolment shall be exhausted." The 
amendment to the amendment was rejected. 
On motion of Mr. Harris, Mr. Sherman's amend- 
ment was amended so as to make the maximum 
commutation four hundred dollars instead of 
five hundred dollars. Mr. Howard, of Michigan, 
moved to amend Mr. Sherman's amendment by 
striking out the last clause, "and the maximum 
of commutation shall be four hundred dollars 
instead of three hundred dollars ;" and it was 
agreed to — yeas, twenty-three ; nays, fourteen. 
Mr. Sherman's amendment as amended was 
agreed to. 

Mr. Howe moved to amend by adding a new 
section providing that the money received as com- 
mutation should be a fund to be equally distrib- 
uted among men drafted and mustered into the 
service ; but the amendment was rejected. Mr. 
Dixon moved to amend by adding as a new 
section : " That all persons recognized as clergy- 
men or ministers of religion by the ecclesiastical 
authority of the denomination or communion to 
which they belong, when called into the military 
service under this act, shall be regarded as non- 
combatants, and employed as chaplains or in 
hospitals." Mr. AVilson moved to amend by strik- 
ing out the amendment and inserting : " That 
ministers of the Gospel, or members of religious 
denominations con.scientiously opposed to the 
bearing of arms, and who are prohibited from 
doing so by the rules and articles of fiiith and 
practice of said religious denomination, shall, 
when drafted into the military service, be con- 
sidered non-combatants, and shall be assigned by 
the Secretaiy of War to duty in the hospitals, or 
to the care of freedmen, or shall pay the sum 
of three hundred dollars to such person as the 
Secretary of War shall designate to receive it, to 
be applied to the benefit of the sick and wound- 
ed soldiers ; and such drafted persons shall then 
be exempt from the draft during the time for 
which they shall have been drafted." Mr. Dixon 
accepted the amendment. Mr. Grimes moved to 
amend the amendment by striking out the words, 
" ministers of the Gospel or ;" and the amend- 



ment was agreed to — yeas, twenty-eight ; nays, 
ten. Mr. Doolittle moved to amend by requiring 
members of religious denominations to make 
oath that they are conscientiously opposed to 
bearing arms ; and the amendment was agreed 
to. The amendment as amended was agreed 
to — yeas, twenty-eight; nays, twelve. 

On the fifteenth, the Senate resumed the con- 
sideration of the bill. It was reported to the 
Senate, and the amendments made as in Com- 
mittee of the Whole agreed to. Mr. Nesmith re- 
newed the motion to repeal the three hundred 
dollar commutation clause of the enrolment act ; 
but the motion was lost — yeas, fifteen ; nays, 
twenty-four. Mr. Sumner renewed his motion 
to require drafted persons to pay commutation 
in proportion to their incomes ; but it was lost — 
3'eas, sixteen ; nays, twenty-eight. Mr. Doo- 
little desired to amend the bill so as to make 
persons who had resided one year in the country 
and voted, liable to enrolment and draft, and 
Mr. Trumbull moved to amend by adding : " That 
no person of foreign birth shall, on account of 
alienage, be exempted from enrolment or draft, 
who has at any time assumed the rights of a citi- 
zen by voting at any election, or who has held 
any office ; but the fact that any such person of 
foreign birth has voted or held, or shall vote or 
hold office, shall be taken as conclusive evidence 
that he is not entitled to exemption from milita- 
ry service on account of alienage." The amend- 
ment was agreed to. 

The consideration of the bill was resumed on 
the sixteenth ; debated and amended. On the 
eighteenth, the bill was further considered, de- 
bated, amended, and passed. 

In the House, on the fifteenth of January, 
Mr. Schenck, from the Committee on Military Af- 
fairs, to whom the bill had been referred, reported 
it back with an amendment. On the first of 
February, the House, on motion of Mr. Schenck, 
referred it to the Committee of the Whole, 
and made it the special order until disposed of. 
The Military Committee reported an amend- 
ment to strike out all of the Senate bill after the 
first section, and insert twenty-five new sections 
as a substitute. On motion of Mr. Stevens, of 
Pennsylvania, the original bill was amended so 
as to provide that persons paying three hundred 
dollars should be exempted during the time for 
which they were drafted, unless the enrolment 
should be exhausted. Mr. Holman, of Indiana, 
moved to amend so as to repeal the commutation 
provision. On the second, the debate was re- 
newed by Mr. Schenck, Mr. Chandler, and Mr. 
Davis, of New-York, Mr. Anderson, of Ken- 
tuckj-, and Mr. W. J. Allen, of Illinois. The 
House, on the third, resumed the consideration 
of the bill, and Mr. Myers, and Mr. Williams, of 
Pennsylvania, addressed the House in its favor, 
and Mr. Stiles of that State opposed it. Mr. 
Holman's amendment to strike out of the origi- 
nal bill the commutation clause was rejected — 
yea.s, twenty-six ; nays, seventy-three. Mr. Bald- 
win, of Michigan, moved to amend the bill by 
striking out the maximum of four hundred dol- 



DOCUMENTS. 



5d 



lars instead of three hundred dollars, and it was 
agreed to. 

On the eighth, the bill was amended on mo- 
tion of Mr. Rice, of Massachusetts, so as to al- 
low soldiers to enlist in the navy. On the ninth, 
the bill was further discussed and amended. 
Mr. Stevens, on the tenth, moved to amend the 
Senate bill by striking out the twenty-seventh 
section, and inserting that "all able-bodied male 
persons of African descent, between the ages of 
twenty and forty-five years, whether citizens or 
not, resident in the United States, shall be en- 
rolled and form part of the national forces. And 
when a slave shall have been drafted and mus- 
tered into the service of the United States his 
master shall have a certificate thereof, which 
shall entitle him to receive three hundred dollars 
from the United States, and the drafted man 
shall be free, provided that the slaves of loyal 
men only shall be paid for." On the eleventh, 
the House resumed the consideration of the bill, 
and Mr. Davis, of Maryland, moved to amend 
Mr. Stevens's amendment by adding : " The Sec- 
retary of War shall appoint a commission in 
each of the slaves States represented in Con- 
gress, charged to award a just compensation to 
each loyal owner of any slave who may volun- 
teer into the service of the United States, pay- 
able out of the commutation money." The 
amendment to the amendment was agreed to. 
Mr. Baldwin, of Massachusetts, moved to strike 
out the words " owner of any slave," and insert, 
" the person to whom the colored persons may 
owe service ;" and the amendment was agreed to. 
Mr. Webster, of Maryland, moved to insert after 
the word " certificate," in Mr. Stevens's amend- 
ment, the words : "The bounty of one hundred 
dollars, now payable by law to each drafted man, 
shall be paid to the person to whom said drafted 
person owes service at the time of his muster 
into the service of the United States," and it was 
agreed to. The amendment of Mr. Stevens was 
agreed to — yeas, sixty-seven ; nays, forty-four. 

On the twelfth, the House resumed the con- 
sideration of the bill. The previous question, 
on motion of Mr. Schenck, M'as ordered — yeas, 
seventy-eight; nays, fifty-six. Mr. Schenck brief- 
ly explained the amendment adopted in Com- 
mittee of the Whole, and also the substitute of 
the Military Committee. The amendments adopt- 
ed in Cominittee of the "Whole were agreed to, 
with the exception of the twenty-second amend- 
ment, on which a separate vote was demanded. 
That amendment was to strike out the twenty- 
seventh section, and insert in lieu of it : "All 
able-bodied male persons of African descent, be- 
tween the ages of twenty and forty-five years of 
age, whether citizens or not, resident in the 
United States, shall be enrolled according to the 
provisions of the act to M'hich this is a supple- 
ment, and form part of the national forces ; and 
when a slave of a loyal citizen shall be drafted 
and mustered into the service of the United 
States, his master shall have a certificate thereof. 
The bounty of one hundred dollars, now paya- 
ble by law for each drafted man, shall be paid to 



the person to whom such drafted person owes 
service or labor at the time of his muster into 
the service of the United States, on freeing the 
person. The Secretary of War shall appoint a 
commission in each of the slaves States repre- 
sented in Congj-ess, charged to award a just com- 
pen.sation, not exceeding three hundred dollars, 
to each loyal person to whom the colored volun- 
teer may owe service, who may volunteer into 
the service of the United States, payable out of 
the commutation money, upon the master freeing 
the slave." The amendment was agreed to. The 
vote was then taken on the substitute, which 
was in substance the Senate bill with the House 
amendments, and it was concurred in. Mr. Hol- 
man demanded the yeas and nays on the pas- 
sage of the bill, and being taken, resulted— yeas, 
ninety-four ; nays, sixty ; so the bill was passed 
by the House. 

On the fifteenth, the Senate, on motion of Mr. 
Wilson, disagreed to the House amendments, 
and the House, on the sixteenth, insisted on its 
amendments, asked a committee of conference, 
and the speaker appointed Mr. Schenck, Mr. 
Kernan, of New-York, and Mr. Deming, of Con- 
necticut, managers on the part of the House. 
The Senate insisted on its disagreement to the 
House amendments, agreed to a committee of 
conference, and Mr. Wilson, Mr. Nesmith, and 
Mr. Grimes were appointed managers. On the 
eighteenth, Mr. Wilson, from the committee of 
conference, made a report, which was ordered to 
be printed. The report, in substance, agreed to 
the Senate bill with some of the amendments of 
the House. The twenty-sixth section of the 
amendment of the House provided that masters, 
on freeing their slaves, should receive the com- 
mutation money. This provision permitted the 
master to claim the colored soldier as his slave 
after being mustered into the army. The com- 
mittee of conference, on motion of Mr. Wilson, 
provided that every colored soldier, on being 
mustered into the service of the United States, 
should be free. On the nineteenth, the Senate 
agreed to the report of the conference commit- 
tee — yeas, twenty-six; nays, sixteen. The House 
agreed to the report of the committee — yeas, 
seventy-one ; nays, twenty-three. The bill was 
approved by the President on the twenty-fourth 
of February, 1861. 

No. LXI. — The Joint Resolution relative to the 
Transfer of Persons in the Military to the 
Naval Service. 

In the Senate, on the eighteenth of February, 
1864, Mr. Conness, of California, introduced a 
joint resolution relative to the transfer of persons 
in the militarj^ to the naval service ; it was read 
twice, and, by unanimous consent, considered as 
in committee of the whole. The resolution pro- 
posed to direct the Provost-Marshal General to 
enlist such persons as might desire to enter the 
naval service of the United States, under such 
directions as might be given by the Secretary of 
War and the Secretary of the Navy ; and these 
enlistments were to be credited to the appropri- 



60 



REBELLION RECORD, 1864. 



ate district ; but inasmuch as they received prize 
money, they were not to be entitled to any bounty. 
The President, whenever in his judgment the 
public service niij>;ht require it, could transfer 
persons who liad been emplo3fed in sea service, 
and were enlisted in the army, from their regi- 
ments to the naval service, upon such terms and 
according; to such rules and regulations as might 
be prescribed ; but the number of transfers from 
any company or regiment was not to be so great 
as to reduce it below the minimum strength re- 
quired by the regulations of the military service, 
and the sums paid to such persons as bounty for 
entering the military service, were to be trans- 
ferred from the naval recruiting fund to the credit 
of the proper appropriation for the land service. 
Mr. Conness stated that the joint resolution was 
prepared in accordance with the judgment of the 
Executive, of the Navy Department, and of the 
War Department. Mr. Grimes moved to amend 
the resolution by adding : " That there shall be 
paid to each enlisted able or ordinary seaman an 
advance, as a bounty, of three months' pa}'-, to be 
refunded to the treasurj"^ from any prize money 
to which such enlisted man may hereafter be en- 
titled." The amendment was agreed to, and the 
bill as amended passed. 

On motion of Mr. Higby, of California, the 
House referred the resolution to the Committee 
on Military Affairs, with leave to report at any 
time. On the nineteenth, Mr. Deming, of Con- 
necticut, from the Military Committee, reported 
the resolution without amendment, and it was 
passed without a division. It was approved by 
the President on the twentv-fourth of February, 
1864. ' ^ 

No. LXII. — The Bill to estailish a Uniform 
System of A7nl)ulances in the United States. 
In the Senate, on the twenty-third of December, 
1863, Mr. Wilson, of Massachusetts, introduced 
a bill to establish a uniform system of ambu- 
lances in the army, which was read twice, and 
referred to the Military Committee. On the 
twentieth of January, 1864, Mr. Wilson reported 
it back with amendments. The bill provided 
that the chief medical officer of each army corps, 
should, under the control of the medical director 
of the army to which such army corps belonged, 
have the supervision of all ambulances, and of all 
officers and men who might be detailed or em- 
ployed to assist him, in the army corps in which 
he might be serving. That the commanding 
officer of each army corps should detail officers 
and enlisted men for service in the ambulance 
corps, namelj'-, one captain, one first lieutenant for 
each division, one second lieutenant for each bri- 
gade, one sergeant for each regiment, three pri- 
vates for each ambulance, and one private for 
each wagon ; the officers, non-commissioned offi- 
cers, and piivates detailed for each army corps 
to be examined by a board of medical officers 
of such army corps as to their fitness for such 
duty. That there should be furnished to each 
arm}' corps two-horse ambulances, upon the ba- 
sis of three to each regiment of infantry of five 



hundred men or more; two to each regiment 
of infantry of more than two hundred and less 
than five hundred men or more : and one to each 
regiment of infantry of less than two hundred 
men ; two to each regiment of cavalry of five hun- 
dred men or more ; and one to each regiment of 
cavalry of less than five hundred men ; one to 
each battery of artillery — to which battery of ar- 
tillery it should be permanently attached ; to the 
headquarters of each army corps two such ambu- 
lances ; and to each division train of ambulances 
two army wagons ; and ambulances should be 
furnished to division brigades and commands not 
attached to any army corps upon the same basis ; 
each ambulance to hQ provided with such num- 
ber of stretchers and other appliances as should 
be prescribed by the Surgeon-General. That the 
captain should be the commander of all the am- 
bulances, medicine, and other wagons in the corps, 
under the immediate direction of the medical di- 
rector, or chief medical officer of the army corps 
to which the ambulance corps belongs ; and he 
should pay special attention to the condition of 
the ambulances, and see that they were at all 
times in readiness for service ; that the officers 
and men of the ambulance corps were properly 
instructed in their duties, and that their duties 
were performed ; and it should be his duty to 
institute a drill in his corps, instructing his men 
in the most easy and expeditious manner of mov- 
ing the sick and wounded, and to require that the 
sick and wounded should be treated with gentle- 
ness and care ; and it should be his duty to see 
that the ambulances were not used for any other 
purpose than that for which they were designed. 
And it should be the duty of the chief medical 
officer of the army corps, previous to a march, 
and previous to and in time of action, or when- 
ever it might be necessary to use the ambulances, 
to issue the proper orders to the captain for the 
distribution and management of the same ; for 
collecting the sick and wounded, and conveying 
them to their destination. And the officer.s of 
the ambulance corps, including the medical di- 
rector, should make such reports, from time to 
time, as might be required by the Secretary of 
War, the Surgeon-General, the medical director 
of the army, or the commanding officer of the 
army corps in M'hich they might be serving. 
That the first lieutenant for a division should 
have complete control, under the captain of his 
corps and the medical director of the arni}^ corps, 
of all the ambulances and men in that portion 
of the ambulance corps. lie should be the act- 
ing assistant quartermaster, and be responsible 
for all the property belonging to the ambulance 
corps, have authority to draw supplies from the 
depot quartermaster, upon requisitions approved 
by the captain of his corps, the medical director, 
and the commander of the army corps to which 
he is attached. That the second lieutenant should 
have command of the portion of the ambulance 
corps for a brigade, and should be under the 
immediate orders of the first lieutenant, and 
should exercise a careful supervision over the 
sergeants and privates. That the ambulances in 



DOCUMENTS. 



61 



the armies of the United States should be used 
only for the transportation of the sick and wound- 
ed, and, in urgent cases onl}'^, for medical sup- 
plies, and all persons should be prohibited from 
using them. That no person except the proper 
medical officers, or the officers, non-commissioned 
officers, and privates of the ambulance corps, or 
such persons as might be assigned to dutj^ with 
the ambulance corps, should be permitted to take 
or accompany sick or wounded men to the rear, 
either on the march or upon the field of battle. 
That the officers, non-commissioned officers, and 
privates of the ambulance corps should be desig- 
nated by such uniform or in such manner as the 
Secretary of War should deem proper. That it 
should be the duty of the commander of the army 
corps to transmit to the Adjutant-General the 
names and rank of all officers and enlisted men 
detailed for service in the ambulance corps of 
such army corps, and it should be the duty of 
the commander of the army corps to report to 
the Adjutant-General, from time to time, the con- 
duct and behavior of the officers and enlisted 
men of the ambulance corps. That nothing in 
the act should be construed to diminish or impair 
the rightful authority of the commanders of ar- 
mies, army corps, or separate detachments, over 
the medical and other officers, and the non-com- 
missioned officers and privates of their com- 
mands. 

On the third of February, the Senate, on mo- 
tion of Mr. Wilson, proceeded to the considera- 
tion of the bill, and the amendments reported by 
the Military Committee were agreed to. Mr. 
Wilson then stated that the bill was based upon 
the orders of Colonel Letterman, Medical Director 
of the army of the Potomac. The bill, he said, 
had been sent to medical directors of armies, and 
to several generals, and the Committee on Mili- 
tary Affairs had received many letters approving 
the provisions of the bill. General Grant wrote 
that " the system, as now proposed, is a good 
one ; that it may be subject to modifications 
which can be made by orders ; that it is an ad- 
mirable system to be adopted by all our armies." 
General llooker said he regarded the bill as un- 
exceptionable. General Sykes, commanding a 
corps in the army of the Potomac, said : " In its 
main provisions it is identical of Order Eighty- 
five, of this army, August twenty-fourth, 1863." 
" The system established in those orders has been 
tested, and found highly satisfactory." General 
Sedgwick, commanding the Sixth corps, of the 
army of the Potomac, said of the bill : " It is es- 
sentially the same as now organized in this army, 
and has been found to work admirably." Gen- 
eral French, another corps commander of the ar- 
my of the Potomac, says : " The system, as em- 
bodied in the bill, is almost practically perfect." 
General Pleasonton, who commanded the cavalry 
of the army of the Potomac, said of the bill : " I 
am very glad to find it so nearly accords with 
the system adopted for the service in this army. 
The experience of the past eighteen months has 
shown that the necessities of the service will be 



fully met by the provisions of your bill. While 
it provides in the most ample manner for the care 
of the sick and wounded, the checks against any 
abuse are Avell considered, and will prove effect- 
ive." General Thomas wrote a letter indorsing 
the bill, and suggested an amendment, which was 
adopted by the Committee. " I have full confi- 
dence," he said, " that the bill as it now stands, 
will answer all the purposes needed. It is a 
general direction and guide, leaving sufficient 
scope for medical directors of armies to issue or- 
ders and make such modifications and changes 
of detail as may be necessarj^, from time to time, 
in their several armies. It extends to all our 
armies the system adopted eighteen months ago 
in the army of the Potomac, and which at Fred- 
ericksburgh, at Chancellorsville, and at Gettys- 
burgh, according to the testimony of our officers, 
worked most admirably. It has been improving 
every day, and no doubt will continue to im- 
prove so long as the war lasts ; for, in this de- 
partment, as in every other, they are every day 
learning something." Mr. Wilson stated that it 
had been suggested that mule-litters might be 
introduced into the army. Mr. Grimes thought 
there ought to be a section in the bill giving au- 
thority to change the character of the ambulan- 
ces, and detail officers and men to horse and 
mule-litters. Mr. Wilson moved to amend the 
bill by adding a new section, providing that horse 
and mule-litters might be authorized by the Sec- 
retary of War, under such rules and regulations 
as might be prescribed by the medical director 
of each army. The amendment was agreed to, 
and the bill then passed without a division. 

In the House, on the eighth of March, Mr, 
Schenck, of Ohio, from the Committee on Milita- 
ry Affiiirs, reported back the ambulance bill of 
the Senate with amendments, which were agreed 
to, and the bill was then passed without a divi- 
sion. On the ninth, the Senate, on motion of 
Mr. Wilson, concurred in the amendments of the 
House, and the bill was approved by the Presi- 
dent on the eleventh of March, 1864. 

No. LXIII. — The Bill to amend Section Nine 
of the Act approved July seventeenth, 1862, " to 
Define the Pay and Emoluments of certain 
Officers of the Army." 

In the House, on the eighth of March, Mr. 
Farnsworth, of Illinois, from the Committee on 
Military Affiiirs, reported a bill to amend section 
nine of the act approved July seventeenth, 1862, 
"to define the pay and emoluments of certain offi- 
cers of the array." 

The first section of the bill provided that from 
and after the passage of the act, chaplains in the 
regular and volunteer service, and in hospitals, 
should not suffer any diminution of their pay and 
allowances when absent from duty on leave, on 
account of sickness or other disabihty, or when 
held by the enemy as prisoners. 

The second section of the bill so amended the 
pension act of July, 1862, as to include chaplains 
in the regular and volunteer service ; provided 



62 



REBELLION RECORD, 18C4. 



that the pension to which a chaplain should be 
entitled for total disability should be twenty dol- 
lars a month ; and it provided that the provisions 
of tlic act to which the section was an amend- 
ment should apply to the widows, children, moth- 
ers, and sisters of chaplains of the land forces 
who had died since the fourth day of March, 1861, 
or should die of wounds or disease contracted in 
the service of the United States, or while such 
chaplains were in the line of their duty. 

The bill was passed without a division. 

In the Senate, on the fourteenth, Mr. Wilson, 
from the Military Committee, reported back the 
bill without amendment, audit was passed with- 
out a division. 

On motion of Mr. Foster, a message was sent 
to the House, requesting the return of the bill, 
and it M-as returned. The Senate, on motion of 
Mr. Foster, reconsidered the vote passing the 
bill. Mr. Foster moved to amend it by adding 
after the word "that," in the first section of the 
bill, "the rank of chaplain in the regular and vol- 
unteer service of the United States is hereby're- 
cognized. Chaplains shall be borne on the field 
and staff-rolls next after the surgeon, and shall 
be subject to the same rules and regulations as 
other officers of the army. They shall be en- 
titled to draw forage for two horses, and to quar- 
ters and fuel, subject to the same conditions and 
limitations as are now by law provided in the 
case of surgeons. When absent from duty with 
leave, or on account of sickness or other disabil- 
ity, or when held by the enemy as prisoners, they 
shall be subject to no other diminution or loss of 
pay and allowances than other officers in the mil- 
itary service are under like circumstances." Mr. 
Wilson moved to amend the amendment by add- 
ing, " and chaplains who have been absent from 
duty bj"- reason of wounds or sickness, or when 
held by the enemy as prisoners, shall be entitled 
to receive full pay, without rations, during such 
absence ;" and it was agreed to. Mr. Foster 
moved to amend the bill by adding, as section 
two, " that it shall be the duty of chaplains in 
the military service of the United States to make 
monthly reports to the Adjutant-General of the 
moral condition of the regiments, hospitals, or 
posts to which they may be attached ; and it 
shall be the duty of all commanders of regiments, 
hospitals, and posts to render such facilities as 
will aid in the discharge of the duties assigned to 
them by the Cfovernment ;" and it was agreed to. 
Mr. Wilson moved further to amend it by add- 
ing, as a new section, " that all chaplains in the 
military service of the United States shall hold 
appropriate religious services at the burial of sol- 
diers who may die in the command to which they 
are assigned to duty, and it shall be their duty 
to hold public religious services at least once each 
Sabbath ;" and the amendment was adopted. 
The bill was passed without a division. 

The House, on the twenty-ninth, on motion of 
Mr. Schenck, disagreed to tlie amendments of the 
Senate, asked a committee of conference, and the 
Speaker appointed Mr. Garfield, Mr. Odell, and 



Mr. Smithers managers on the part of the 
House. 

The Senate, on the thirty-first, insisted on its 
amendments, agreed to a committee of confer- 
ence, and appointed Mr. Wilson, Mr. Foster, and 
Mr. Riddle, of Delaware, conferees. 

In the Senate, on the sixth of April, Mr. Wil- 
son, from the committee, reported " that the 
House of Representatives recede from their dis- 
agreement to the first amendment of the Senate, 
and agree to the same, with the following amend- 
ments, to wit, first, after the word 'chaplain,' 
in the first line of said amendment, insert the 
words 'without command;' second, after the 
word ' surgeons,' in the fourth line of said 
amendment, insert the words 'and shall wear 
such uniform as is or may be prescribed by the 
army regulations,' and that the Senate agree to 
the said amendments. 

" That the House of Representatives recede from 
their disagreement to the third section of the 
amendments of the Senate, and agree to the same 
with the following amendments, to wit, first, 
after the words 'Adjutant-General,' in the fourth 
line of said section, insert the words ' of the army 
through the usual military channels ;' second, 
after the word ' condition,' in the fourth line of 
said section, insert the words ' and general his- 
tory,' and that the Senate agree to the said 
amendments. 

" That the House of Representatives recede from 
their disagreement to the fourth section of the 
amendments of the Senate, and agree to the same 
with the following amendment, to wit, add at 
the end of said section the words ' when practi- 
cable,' and that the Senate agree to said amend- 
ment." The report was adopted. The House 
agreed to the report made on the same da}^ by Mr. 
Garfield. So the bill passed, and was approved 
by the President on the ninth of April, 1864. 

No. LXIV. — The Bill to i)icrease the Rank, Pay, 
and Emoluments of the Provost-Marshal Gen- 
eral. 

In the House, on the eighth of March, 1864, 
Mr. Schenck, from the Committee on Military Af- 
fairs, reported a bill to amend " an act for enroll- 
ing and calling out the national forces," so as to 
increase the rank, pay, and emoluments of the 
Provost-Marshal General. On motion of Mr. F. 
W. Kellogg, of Michigan, the previous question 
on the passage of the bill was ordered, and it was 
passed — yeas, sixt3'-eight ; nays, twent3--si.x. 

In the Senate, on the twentj'-third, 5lr. Lane, 
of Indiana, from the Committee on Military Af- 
fairs, to which it was referred, reported it back 
without amcndmeut. On the eighteenth of April, 
on motion of Mr. Lane, the Senate proceeded to 
its consideration. The Senate, on the nineteenth, 
resumed the consideration of the bill, and after 
debate, in which Mr. Lane, Mr. Fessenden, Mr. 
Grimes, Mr. Johnson, Mr. Harris, and Mr. Sauls- 
bury participated, it was passed — yeas, thirty- 
one ; nays, seven. It was approved by the Pre- 
sident on the twenty-first of April, 18G4. 



DOCUMENTS. 



63 



No. LXV. — The Joint Resolution to print the 
Official Reports of the Armies of the United 
States. 

In the Senate, on the twenty-sixth of January, 
1864, Mr. Wilson, of Massachusetts, introduced a 
resolution to provide for the printing of the official 
reports of the operations of the armies of the 
United States, which was read twice and refer- 
red to the Committee on Military Affairs. On 
the twenty-seventh, Mr. Wilson reported it back 
without amendment. The Senate, on the twen- 
ty-first of April, proceeded to its consideration. 
The resolution made it the duty of the Secretary 
of War to transmit, from time to time, to the Su- 
perintendent of Public Printing, copies of all offi- 
cial reports, and of all telegrams and despatches, 
not theretofore published by order of either House 
of Congress, relating to the movements, engage- 
ments, and operations generally, of the armies of 
the United States, which in his judgment the 
pubhc interests might not require to be kept se- 
cret, commencing with the first of December, 
18G0 ; all such reports, telegrams, and despatches 
were to be arranged in chronological order, with 
a caption or title prefixed to each separate en- 
gagement, movement, or operation. It was to 
be the duty of the Superintendent of Public 
Printing to print the usual number (one thou- 
sand five hundred and fifty) of such reports, tel- 
egrams, and despatches for the Houses of Con- 
gress, and five hundred copies for the War De- 
partment. The resolution passed without a di- 
vision. 

In the House, on the twelfth, Mr. R. M. Clark, 
of New-York, moved to amend the joint resolu- 
tion so that it would provide that the Secretary 
of War be directed to furnish the Superintend- 
ent of Public Printing with copies of all such cor- 
respondence, by telegraph or otherwise, reports 
of commanding officers, and documents of every 
description, in relation to the rebellion, to be 
found in the archives of his department since the 
first day of December, 18G0, to tliat time and dur- 
ing the continuance of the rebellion, which might 
be, in his opinion, proper to be published ; which 
said correspondence, reports, and documents 
should be arranged in their proper chronological 
order ; that the Superintendent of Public Print- 
ing should cause to be printed and bound, in ad- 
dition to the usual number, ten thousand copies 
of such correspondence, reports, and documents 
in volumes of not exceeding, as near as might be, 
eight hundred octavo pages each, M'hicli should 
be distributed by the Secretary of the Senate as 
follows : five hundred copies to the War Depart- 
ment, one complete copy to each State library of 
every State in the Union, and five complete copies 
to public libraries in each congressional district 
of the United States, to be designated b}' the re- 
presentatives of that Congress from such districts ; 
and of the remaining copies three thousand should 
be for the use of members of that Senate, and six 
thousand for the use of the members of the House 
of Kepresentatives ; that it should be the duty of 
the Secretary of War to cause a complete index 



to the matter contained in such volume to be pre- 
pared and inserted therein ; and that all resolu- 
tions adopted b}^ either House of Congress at 
that session directing the printing of any of the 
correspondence, reports, or documents, as con- 
templated, be rescinded. 

The substitute was adopted, and the resolution 
as amended passed without a division. The Sen- 
ate, on the sixteenth, concurred in the amend- 
ment of the House, and it was approved by the 
President on the nineteenth of May, 1864 

No. LXVI. — The Army Appropjriation Bill for 
1864 

The House of Representatives, on the twenty- 
first of March, 1864, on motion of Mr. Stevens, 
of Pennsylvania, proceeded to the consideration 
of the army appropriation bill, reported from the 
Committee of Ways and Means. Mr. Harding, of 
Kentucky, moved to amend it by adding a pro- 
viso, "that no part of the money hereby ap- 
propriated should be applied or used for the pur- 
pose of raising, arming, equipping, or paying 
negro soldiers;" but it was rejected — yeas, 
eighteen ; nays, eighty-one. The bill was then 
passed without a division. 

In the Senate, the bill was taken up on the 
twenty-second of April, and several amendments 
reported by Mr. Fessenden from the Committee 
on Finance agreed to. On motion of Mr. Wilson, 
the bill was amended, so as to provide that ofli- 
cers employing soldiers or servants should re- 
ceive no pay or allowances for servants, but 
should be subject to deductions from their pa}"-, 
of the pay and allowances of the soldiers em- 
ployed as servants. Mr. Wilson then moved 
to amend the bill by adding five new sections, 
providing that enlistments thereafter made in 
the regular army during the continuance of the 
rebellion might be for three years. That all per- 
sons of color who had been or might be mustered 
into the military service of the United States 
should receive the same uniform, clothing, arms, 
equipments, camp equipage, rations, medical and 
hospital attendance, pay, and emoluments other 
than bounty, as other soldiers of the regular or 
volunteer forces of like arm of the service, from 
the first day of January, 1864; and that every 
person of color who should thereafter be muster- 
ed into the service should receive such sums in 
bounty as the President should order in tlie 
different States and parts of the United States, 
not exceeding one hundred dollars. That all 
persons enlisted and mustered into the service 
as volunteers under the call dated October seven- 
teenth, 1863, for three hundred thousand volun- 
teers, who were at the time of enlistment ac- 
tually enrolled and subject to draft in the State 
in which they volunteered, should receive from 
the United States the same amount of bounty, 
without regard to color. That all persons of 
color who had been enlisted and mustered into 
the service of the United States should be en- 
titled to receive the pay and clothing allowed by 
law to other volunteers in the service, from the 
date of their muster into the service : Provided^ 



64 



REBELLION RECORD, 1864. 



that the same should have been pledged or pro- 
mised to thcin by any officer or person who, in 
niakins; such pledge or promise, acted by author- 
it}' of tlie AVar Department. That the same pre- 
mium should be allowed for each colored recruit 
then mustered or thereafter to be mustered into 
the service as should be allowed by law for white 
recruits. The amendment was agreed to — yeas, 
thirty- two; nays, five. 

Mr. Davis, of Kentucky, moved to amend the 
bill, so that all negroes in the military service 
should be discharged when the rebellion should 
be suppressed — yeas, ten ; nays, twenty-seven ; 
so it was rejected. Other amendments were 
offered by Mr. Davis, but they were rejected. 
Mr. Hendricks, of Indiana, moved to amend as a 
new section, that the pay of the soldiers and 
non-commissioned officers of the army of the 
United States should thereafter be fifty per cent 
greater than was then allowed by law. Mr. Car- 
lisle moved to amend the amendment, by adding 
as a proviso, that the pay of the non-commission- 
ed officers should not exceed twenty-two dollars 
per month, and ^Ir. Hendricks accepted it. After 
debate, the amendment was rejected — yeas, six ; 
nays, thirty. The bill as amended was then 
passed — 3'eas, thirty-six ; nays, one. 

In the House, on the thirtieth of April, Mr. 
Stevens reported back, from the Committee of 
Ways and Means, the Senate amendments. Mr. 
Holman, of Indiana, opposed the amendment 
equalizing the pay of soldiers, and moved to 
strike out of the section, putting colored soldiers 
on an equality with other soldiers, the word 
'' P^y ■>" ^^^^^ ^^'^ motion failed — yeas, fifty-two ; 
nays, eighty-four. Mr. Schenck, of Ohio, moved 
to amend the Senate amendment ; but the motion 
was lost— yeas, fifty-eight ; nays, sixty-five. He 
then moved to amend so much of the Senate 
amendment as gave to colored volunteers, under 
the call of October seventeenth, 1863, the same 
bounties as were given to white soldiers, so that 
the bounty should not exceed one hundred dol- 
lars — yeas, seventy-eight; nays, fifty-one. Mr. 
Stevens moved to amend, by striking out the sec- 
tion of the Senate amendment, authorizing the 
Secretary of "War, on proof, to allow full pay to 
volunteers who M^ere promised it when enlisted, 
and to insert a provision that all free persons of 
color should receive the same pay as other sol- 
diers — yeas, seventy-three ; nays, fifty-four. 

The Senate, on the third of May, voted to dis- 
agree to the House amendments to the amend- 
ments of the Senate, and asked a committee of 
conference. Mr. Fessenden, Mr. Wilson, and 
Mr. Henderson were appointed managers on the 
part of the Senate. The House insisted on its 
amendments, agreed to the conference, and the 
Speaker appointed Mr. Stevens, Mr. Schenck, 
and Mr. Morrison, of Illinois, managers. The 
committee reported that they were unable to 
agree ; and a new conference committee, con- 
sisting of Mr. Collamer, Mr. Nesmith, and Mr. 
Grimes, on the part of the Senate, and Mr. Mor- 
rill, of Vermont, Mr. Farnsworth, of Illinois, and 
Mr. Griswold, of New-York, were appointed. On 



tlie twenty-fifth, Mr. Morrill, from the conference 
committee, made a report, which was disagreed 
to — yeas, twenty -five ; nays, one hundred and 
twenty-one. 

On motion of Mr. Stevens, the House further 
insisted, asked a further conference, and Mr. 
Stevens, Mr. Pendleton, and Mr. Thomas T. 
Davis, of New-York, were appointed managers. 
The Senate, on the twenty-seventh, agreed to 
another committee, and Mr. Howe, of AV^isconsin, 
Mr. Morrill, of Maine, and Mr. Buckalew, of Penn- 
sylvania, were appointed managers. On the tenth 
of June, Mr. Howe reported : "That the House re- 
cede from their disagreement to the eighth amend- 
ment of the Senate, and agree to the same with 
an amendment as follows, and the Senate agree 
to the same : strike out all after the enacting 
clause, (being section four,) and insert in lieu 
thereof the following : ' That all persons of color 
who were free on the nineteenth day of April, 
1861, and who have been enlisted and mustered 
into the military service of the United States, 
should, from the time of their enlistment, be en- 
titled to receive the pay, bounty, and clothing 
allowed to such persons by the laws existing at 
the time of their enlistment. And the Attorney- 
General of the United States is hereby author- 
ized to determine any question of law arising 
under this provision.' " , After debate, in which 
Mr. Howe, Mr. Sumner, Mr. Conness, Mr. John- 
son, Mr. Wilson, and Mr. Fessenden participated, 
the report M'as agreed to on the eleventh. 

The House accepted the report on the thir 
teenth — yeas, seventy-one; nays, fifty-eight 
By this legislation, colored troops were placed 
on the same footing as white troops. From the 
first of Januarj'-, 1864, colored volunteers in the 
loyal States, under the call of the seventeenth 
of October, 1863, were allowed the same bounty 
as white volunteers ; and all colored soldiers 
free on the nineteenth of April, 1861, were to re- 
ceive full pay ; and the Attorney-General was 
authorized to decide whether colored men not 
free on the nineteenth of April were entitled to 
the same pay as white soldiers. The bill was 
approved on the fifteenth of June, 1864. 

No. LXVII. — The Bill to increase the Pay of 
Soldiers in the United States Armi/, and for 
other purpose's. 

In the Senate, on the fourteenth of December, 
1863, Mr. Wilson, of Massachusetts, introduced 
a bill to increase the bounty to volunteers and 
the pay of the army, which was referred to the 
Committee on Military Affiiirs, and reported 
back by Mr. Wilson on the sixteenth, with 
amendments. The bill provided that there 
should be paid to such persons as had enlist- 
ed under the proclamation of the seventeenth 
of October, 1863, calling for three hundred thou- 
sand volunteers, and to such persons as might 
thereafter enlist for the terra of three years, the 
following bounties, namely, to veterans, four 
hundred dollars ; to all other persons, three 
hundred dollars. That the Secretary of War 
be authorized to pay a premium not exceeding 



DOCUMENTS. 



^a 



fifteen dollars for the enlistment of a veteran 
volunteer, and ten dollars for the enlistment of 
any other volunteer. That twenty millions of 
dollars be appropriated in payment of the boun- 
ties. That from the first day of January, 1864, 
the pay per month of non-commissioned officers 
and privates in the regular army and volunteer 
forces should be as follows, namely, sergeant- 
majors of cavalry, artillery, and infantry, twenty- 
three dollars ; quartermaster-sergeants of cavalry 
and artillery, twenty -three dollars ; of infantry, 
twenty dollars ; first sergeants of cavalry, artil- 
lery, and infantry, twenty-three dollars ; ser- 
geants of cavalrj'^, artillery, and infantry, nine- 
teen dollars ; sergeants of ordnance, sappers and 
miners and pontoniers, thirty-four dollars ; cor- 
porals of ordnance, sappers and miners, and pon- 
toniers. twenty dollars; privates, first class, eigh- 
teen dollars ; second class, sixteen dollars ; corpo- 
rals of cavalry, artillery, and infantry, seventeen 
dollars ; chief buglers of cavalry, twenty-three 
dollars ; buglers, fifteen dollars ; farriers, and 
blacksmiths of cavalry, and artificers of artil- 
lery, eighteen dollars ; privates of cavalry, artil- 
lery, and infantry, sixteen dollars ; principal mu- 
sicians of artillery and infantry, twenty-two dol- 
lars ; musicians of artillery and infantry, and musi- 
cians of sappers and miners and pontoniers, four- 
teen dollars. That all enlisted persons of African 
descent should have the same uniform, clothing, 
arms, equipments, camp equipage, ration.s, medi- 
cal and hospital attendance, and pay, as soldiers 
of the regular or volunteer forces of the United 
States, of like arm of the service. That when- 
ever the President should call upon the several 
States for men, the quota of each ward of a city, 
town, or township, or of a county, where the 
county was not divided into wards, town.s, or 
townships, should be, as nearly as possible, in 
proportion to the number of men therein liable 
to render military service, taking into account 
the number which had been previously furnish- 
ed, and the number of men that had entered or 
might enter the naval service. That chaplains, 
when absent from duty by reason of wounds or 
sickness, should be allowed full pa}^ without 
rations, and half pay with rations during ab- 
sence on leave occasioned by other causes ; and 
chaplains who had been absent from duty by 
reason of wounds or sickness should be entitled 
to receive full pay without rations. 

On the twenty-first of December, the bill was 
taken up, debated by Mr. Harris, Mr. Wilson, 
Mr. Sherman, Mr. Grimes, Mr. Fessenden, Mr. 
Howe, Mr. Hendricks, Mr. Lane, of Indiana, Mr. 
Collamer, Mr. Cowan, Mr. Hicks, and Mr. Howard, 
and slightly amended. On the ninth of February, 
it was again taken up, and, on motion of Mr. Wil- 
son, laid on the table, and not again called up. 

In the Senate, on the eighth of January, 1804, 
Mr. Wilson introduced a bill to promote enlist- 
ments into the army, and for other purposes, 
which was read twice, and referred to the Com- 
mittee on Military Affairs, On the eighteenth, 
Mr. Wilson reported it back with amendments. 
The Senate, on the twenty-first, proceeded to its 

Vol. IX.— Doc. 5 



consideration. It consisted of seven sections, 
and provided : That enlistments thereafter made in 
the regular army should be for the term of three 
years. That all persons of African descent who 
had been or might be mustered into the military 
service, should receive the same uniform, cloth- 
ing, rations, medical and hospital attendance, 
pay and emoluments, as other soldiers of the re- 
gular or volunteer forces ; and that every such 
person thereafter mustered into service should re- 
ceive two months' pay in advance. That, when any 
man of African descent owing service or labor in 
any State under its laws, should be mustered 
into the military or naval service of the United; 
States, he, and his mother, wife, and children, 
should be for ever free. Full pay, without rations, 
to chaplains theretofore or thereafter absent by 
reason of wounds or sickness; half pay, with ra- 
tions, during absence on leave occasioned by 
other causes. The amendments, which were re- 
ported by the Committee, were concurred in. 

On the twenty-seventh, the Senate resumed 
the consideration of the bill, and on motion of 
Mr. Grimes, it was amended by striking out the 
words, " two months' pay in advance," to colored 
volunteers, and inserting the words, " such suras 
in bounty as the President shall order in different 
States and parts of the United States, not ex- 
ceeding the sum of one hundred dollars." 

On the third of February, Mr. Wilson, frosi 
the Military Committee, reported a joint resolution 
to equalize the pay of soldiers. It provided that 
all persons of color who had been or who might 
be mustered into the military service, should re- 
ceive the same pay and emoluments, other than 
bounty, as other soldiers ; and that every person 
of color who should thereafter be mustered into 
the service, should receive such sums in bounty 
as the President should oi'der, not exceeding one 
hundred dollars. On the fourth, the Senate pro- 
ceeded to the consideration of the joint resolu- 
tion, and it was debated on that day, the tenth, 
the thirteenth, the sixteenth, the twenty-third, 
and the twenty-ninth, by Mr. Fessenden, Mr. 
Wilson, Mr. Ten Ej^ck, Mr. Lane, of Kansas, Mr. 
Conness, Mr. Pomeroy, Mr. Doolittle, Mr. Sumner, 
Mr. Foster, Mr. Lane, of Indiana, Mr. Johnson, 
Mr. Grimes, Mr. Cowan, Mr. Collamer, Mr. Sher- 
man, Mr. Salisbury, Mr. Davis, Mr. Foot, Mr. 
Clark, Mr. Wilkinson, and Mr. Howard. Sever- 
al amendments were moved, discussed, and acted 
upon, and the joint resolution, on motion of Mr. 
Grimes, recommitted to the Committee on Mili- 
tary Affairs. 

In the Senate, on the second of March, Mr. 
Wilson reported a bill to equalize the pay of sol- 
diers, in lieu of the joint resolution recommitted 
to the Committee. It provided : Thafall persons 
of color who had been or might be mustered into 
the military service, should receive the same uni- 
form, clothing, rations, medical and hospital at- 
tendance, pay and emoluments, other than boun- 
ty, as other soldiers of the regular or volunteer 
forces, from the first day of January, 1864 ; and 
that every person of color who should thereafter 
be mustered into the service, should receive such 



« 



REBELLION RECORD, 1864. 



sums in bounty as the President should order in 
the different States and parts of the United 
States, not exceeding one hundred dollars. That 
all persons enlisted and mustered into service as 
volunteers, under the call dated October seven- 
teenth, 1863, for three hundred thousand volun- 
teers, Avho were at the time of enlistment actually 
enrolled and subject to draft in the State in which 
they volunteered, should receive from the United 
States the same bounty, without regard to color. 
That all persons of color who had been enlisted 
and mustered into the service, should be entitled 
to receive the pay and clothing allowed by law to 
other volunteers in the service, from the date of 
their muster into the service: Provided, That the 
same should have been pledged or promised to 
them by any officer or person, who, in making 
such pledge or promise, acted by authority of the 
War Department. 

The Senate, on the seventh, on motion of Mr. 
Wilson, proceeded to the consideration of the 
bill. On the eighth, the Senate resumed its con- 
sideration, and Mr. Davis moved that the loyal 
owners of slaves taken into the service should 
be paid their fair value, which should be deter- 
mined by a commissioner appointed by the dis- 
trict court. On the ninth, Mr. Davis spoke at 
great length in favor of his amendment, and 
against the policy of the measure ; and on the 
tenth, the vote was taken on the amendment, and 
it was rejected— yeas, six; nays, thirty-one. The 
bill was then passed — ^yeas, thirty-one ; nays, 
six. 

On the twelfth of April, Mr. Wilson introduced 
a bill concerning the pay and subsistence of the 
army. It provided : That the army rations should 
thereafter be the same as provided by law and re- 
gulations on the first day of July, 1861, except- 
ing the ration of pepper. That during the con- 
tinuance of the war there should be added to the 
pay of all non-commissioned officers, musicians, 
and privates of the army, a sum equivalent to 
the reduction of tlie ration, which sum was de- 
termined and declared to be two dollars per 
month. The bill was read twice, and referred to 
the Committee on Military Affairs. 

On the twenty-second of April, on motion of 
Mr. Wilson, the army appropriation bill was 
amended by adding as an amendment the bill 
which passed the Senate on the tenth of March, 
to equalize the pay of soldiers. 

In the House, on the twenty-ninth of April, 
Mr. Schenck, from the Committee on Military Af- 
fairs, to which the bill to equalize the pay of sol- 
diers had been referred, reported it back with 
amendments. The bill and amendments were 
ordered to be printed, and recommitted with 
leave to report at any time. On the third of 
May, Mr. Schenck reported it back with an 
amendment in the nature of a substitute. The 
substitute provided : That after the first day of 
May, 1864, the pay of soldiers should be sixteen 
dollars per month. That the army rations should 
be the same as provided by law and regulation on 
the first day of July, 1861. That so much of the 
act to authorize the employment of volunteers as 



provided that each company officer should fur- 
nish his own horse, and should receive forty 
cents per da}' for use and risk, should be repealed. 
That the pay of clerks of paymasters in the 
army should be one thousand two hundred dol- 
lars per annum. That the act of the third of 
March, 1863, for enrolling and calling out the na- 
tional forces .should be so amended that an officer 
might have leave of absence, without deduction 
from his pay, for other causes than for sickness 
or for wounds. The substitute was agreed to, 
and the bill passed — yeas, one hundred and thir- 
ty-five ; nays, none. 

In the Senate, on the eleventh, Mr. Wilson, 
from the Committee on Military Affairs, to which 
had been referred the House amendments, re- 
ported them back with amendments ; and the 
Senate, on the sixteenth, proceeded to their con- 
sideration. The first amendment of the Military 
Committee of the Senate proposed to strike out 
the first section of the House amendment, and 
insert : " That on and after the first day of May, 
1864, and during the continuance of the present 
rebellion, the pay per month of non-commissioned 
officers and privates in the regular army, and 
volunteer and drafted forces in the service of the 
United States, shall be as follows, namely, ser- 
geant-majors, twenty-six dollars ; quartermaster- 
sergeants of cavalry and artillery, twenty-three 
dollars ; of infantry, twenty dollars ; first ser- 
geants of cavalry, artillery, and infantr}!-, twenty- 
four dollars ; sergeants of cavalry, artillery, and 
infantry, twenty dollars ; sergeants of ordnance 
sappers and miners and pontoniers, thirty-four 
dollars ; corporals of ordnance, sappers and min- 
ers, and pontoniers, twenty dollars; privates, 
first class of the same corps, eighteen dollars ; pri- 
vates, second class of the same corps, sixteen dol- 
lars ; corpoi-als of cavalry, artilleiy, and infantry, 
eighteen dollars ; chief buglers of cavalr}', twenty- 
three dollars ; buglers, sixteen dollars ; farriers 
and blacksmiths of cavalry and artificers of ar- 
tillery, eighteen dollars ; privates of cavalry, ar- 
tillery, and infantry, sixteen dollars ; principal 
musicians of artillery and infantry, twenty-two 
dollars ; musicians of artillery and infantr^^ and 
musicians of sappers and miners and pontoniers, 
sixteen dollars ; hospital stewards of the first 
class, thirty-three dollars ; hospital stewards of 
the second class, twenty-five dollars ; hospital 
stewards of the third class, twenty-three dollars. 
The amendment was agreed to without a di- 
vision. 

The next amendment was to insert as new sec- 
tions three, four, five, and six, after the second 
section of the House amendments : " That here- 
after rations shall not be issued to soldiers sick 
in hospital, but commutation of rations shall be 
allowed and paid into the hospital fund, at the 
rate now established by law, for each soldier re- 
ported by the surgeon in charge as sick in hos- 
pital ; and the receipt of the surgeon in charge 
shall be a sufficient voucher for the pa3'master, 
or other disbursing officer, who may be charged 
with the payment of such commutation : Provided, 
That the hospital fund shall be devoted solely to 



DOCUMENTS. 



67 



the diet and maintenance of the sick and wound- 
ed soldiers in such hospital. And provided 
further, that the Surgeon-General shall, with the 
approval of the Secretary of War, establish re- 
gulations for the accountabilit}^ of medical offi- 
cers having charge of the hospital fund. And 
any officer who shall appropriate to his own use, 
or shall misapply, any portion of a hospital fund, 
or who shall make any false report of the num- 
ber of soldiers sick in hospital, shall, on convic- 
tion, be punished as a court-martial or military 
commission may direct. That all non-commis- 
sioned officers and privates in the regular arm}^, 
serving under enlistments made prior to July 
twenty-second, 18G1, shall have the privilege of 
reenlisting for the term of three years in their 
respective organizations, until the first day of 
August next ; and all such non-commissioned of- 
ficers and privates so reenlisting shall be entitled 
to the bounties mentioned in the joint resolution 
of Congress approved January thirteenth, 1804. 
That section thirty-five of the " Act for enrolling 
and calling out the national forces, and for other 
purposes," approved March third, 1863, shall 
not be construed to apply to enlisted men em- 
ployed as clerks and messengers in the military 
offices in Washington, and at the several geo- 
graphical, division, and department headquarters. 
That there be added to the battalion of engineers 
one sergeant-major and one quartermaster-ser- 
geant, who shall also be commissary-sergeant, 
and each shall have the pay of a sergeant of en- 
gineers." This amendment was agreed to with- 
out a division. 

The Committee reported as an amendment, to 
add as new sections seven, eight, and nine : That 
there should be attached to, and made a part of, 
the War Department, during the continuance of 
the present rebellion, a bureau to be known as 
the Bureau of Military Justice, to which should 
be returned for revision the records and proceed- 
ings of all the courts-martial, courts of inquiry, 
and militar}'^ commissions of the armies of the 
United (States, and in which a record should be 
kept of all proceedings had thereupon. That the 
President should appoint, by and with the advice 
and consent of the Senate, as the head of said 
bureau, a judge-advocate general, with the rank, 
pay, and emoluments of a brigadier-general, and 
one assistant judge-advocate general, with the 
rank, pay, and emoluments of a colonel of caval- 
ry. And the judge-advocate and his assistant 
should receive, revise, and have recorded the pro- 
ceedings of the courts-martial, courts of inquiry, 
and military commissions of the armies of the 
United States, and perform such other duties as 
had before been performed by the Judge-Advo- 
cate General of the armies of the United States. 
That the Secretary of War should have power to 
appoint for said bureau one fourth class, one 
tliird class, one second class, and two first class 
clerks. The amendment was agreed to — yeas, 
twenty-three ; nays, eleven. The bill was further 
amended by adding: "That in all cases where the 
Government shall furnish transportation and sub- 
sistence to discharged officers and soldiers from 



the place of their discharge to the place of their 
enrolment or original muster into the service, 
they shall not be entitled to travel, pay, or com- 
mutation of subsistence." 

On the seventeenth, on motion of Mr. Grimes, 
the section providing for the appointment of an 
assistant judge-advocate general, with the rank 
of colonel, was amended by striking out the word 
"colonel," and inserting "major," which was 
agreed to — J'eas, twenty- two ; nays, twelve. 
Mr. Powell moved that from and after the first 
day of May, 1864, the army should be paid in 
gold, or if paid in paper, it should be paid an 
amount equal to gold at the time of payment — 
yeas, six; nays, twenty-three. So the amend- 
ment was rejected. It was then moved by Mr. 
Powell to add to the first section of the amend- 
ment of the Military Committee, increasing the 
pay of non,-commissioncd officers and privates, a 
proviso that the provisions of the act should not 
apply to colored soldiers ; but the motion was 
lost — yeas, five ; nays, twenty-six. 

The House disagreed to the Senate amendments, 
asked a committee of conference, and the Speaker 
appointed Mr. Schenck, of Ohio, Mr. F. W. Kel- 
logg, of Michigan, and Mr. J. S. Rollins, of Mis- 
souri, managers on the part of the House. The 
Senate insisted on its amendments to the amend- 
ments of the House to the original bill, and Mr. 
Wilson, Mr. Grimes, and Mr. Nesmith were ap- 
pointed managers on the part of the Senate. 

Mr. Wilson, from the committee of confer- 
ence, reported that the House agree to the first 
amendment of the Senate, increasing the pay of 
the army, with some slight ameVidments ; that 
the Senate recede from its amendment concern- 
ing rations issued to soldiers sick in hospital ; 
that the House agree to the third amendment of 
the Senate; that non-commissioned officers and 
privates of the regular army, serving under en- 
listments previous to the twenty-second of July, 
1861, should have the privilege of reenlisting and 
receiving the veteran bounties ; that the Senate 
recede from its fourth amendment, providing 
that the thirtj'-fifth section of the act for the en- 
rolling and calling out the national forces, ap- 
proved March third, 1863, should not apply to 
enlisted men employed as clerks and messen- 
gers in the military offices in AYashington ; that 
in the second line of the sixth section of the Sen- 
ate amendment, strike out all of said section 
after the words "sergeant-major," and insert, in 
lieu thereof, "who shall be paid thirty-six dollars 
per month, and one quartermaster-sergeant, who 
shall also be commissary-sergeant, who shall be 
paid twenty-two dollars per month." And that 
the House of Representatives do agree to said 
amendment of the Senate as amended. That 
the House of Representatives do agree to the 
sixth Senate amendment, to wit, the insertion 
of section seven. Strike out the fourth, fifth, 
and all of the sixth line down to the word 
"and" in the seventh Senate amendment, and 
insert the following in lieu thereof, "The rank, 
pay, and allowances of a brigadier-general, and 
an assistant judge-advocate general, with the 



68 



REBELLION RECORD. 18&4. 



rank, pay, and allowances of a colonel of cav- 
alr}'." After the word "advocate," in the sev- 
enth line of said seventh Senate amendment, 
insert the word "general;" and that the House 
of Representatives do agree to said Senate amend- 
ment as amended. That the House of Represent- 
atives do agree to the eighth Senate amendment, 
to wit, the insertion of section nine. That the 
House of Representatives do agree to the ninth 
Senate amendment, to wit, the insertion of sec- 
tion ten. That the House of Representatives 
agree to the tenth, eleventh, and twelfth of 
the Senate amendments. The report of the con- 
ference committee was accepted in both Houses, 
and the bill was approved by the President June 
twentieth, 1864. 

No. LXVllI.— The Bill to provide for the Ex- 
amination of certain Officers of the Army. 
In the Senate, on the first of February, 1864, 
Mr. Wilson, of Massachusetts, introduced a bill 
to provide for the examination of certain officers 
of the army, which was read twice, and referred 
to the Military Committee. 

On the third, Mr. Wilson reported it back with 
an amendment. The bill provided : That every 
quartermaster and assistant quartermaster, every 
commissary and assistant commissary of subsist- 
ence, every paymaster and additional paymaster 
should appear for examination before a board, 
composed of three officers of .the corps to which 
he belonged. And all members of such boards of 
examination shall swear that they will conduct 
all examinations with impartiality, and with a 
sole view to the qualifications of the person or 
persons to be examined. That boards of exami- 
nation should be constituted, under the direction 
of the Secretary of War, by the Quartermaster- 
General, the Commissary-General of Subsistence, 
and the Paymaster-General, at convenient places. 
That after the board should be constituted, and 
after the general orders should have been pub- 
lished for a period of ninety days, none of the 
officers mentioned in the first section of the act 
should receive any pay, allowances, or emolu- 
ments, until they should have appeared before 
the board of examination. That if the board of 
examination should report that any officer does 
not possess the requisite qualifications, they 
should forward the record of the examination 
to the head of the bureau to which he might be- 
long ; and if the head of such bureau should ap- 
prove the finding, the officer so failing in his ex- 
amination should, if commissioned, be dismissed 
from the service with one month's pay ; and if 
not yet commissioned, his appointment should 
be revoked ; and if the board should report that 
any officer failed to pass a satisfactory examina- 
tion by reason of intemperance or vicious habits, 
and if the head of the bureau should approve the 
finding and report of the board as to his lack of 
the requi-site business qualifications, then such 
officer should be dismissed without pay, and 
should not be permitted to reenter the service as 
an officer. That the boards of examination 
should forward all their records of examination 



to the heads of the bureaus to which they ap- 
pertain, and such records should be filed in the 
proper bureaus. 

On the ninth, on motion of Mr. Wilson, the 
bill was taken up, the amendments agreed to, 
and the bill passed without a division. 

In the House, the bill was relerred to the 
Military Committee on the tenth. On the twen- 
ty-first of June, Mr. Schenck reported it back 
with aincndincnts. The amendments were 
agreed to, and the bill passed without a di- 
vision. 

On motion of Mr, Wilson, the amendment3 
were referred to the Military Committee, and 
on the twenty-third, the Committee reported in 
favor of concurring in the amendments of the 
House. The Senate, on motion of Mr. Wilson, 
concurred in the amendments. So the bill was 
passed, and approved by the President on the 
twenty-fifth of June, 1864. 

No. LXIX. — The Joint Resolution to provide 
for the Publication of a Fall Army Register. 
In the House, on the twenty-first of June, 
1864, Mr. Schenck reported from the Committee 
on Military Affiiirs a joint resolution to provide 
for the publication of a full army register. It 
authorized and required the Secretary of War, in 
connection with the army register for the year 
1864, to cause to be printed and published a full 
roster or roll of all field, line, and staff-officers of 
volunteers who had been in the army since the 
beginning of the rebellion, showing whether they 
were yet in the service or had been discharged, 
and giving casualties and other explanations pro- 
per for sucli register. And to defray, in whole 
or in part, the expenses of this publication, an 
edition of fifty thousand copies of such enlarged 
register should be published, and might be sold 
to officers, soldiers, or citizens, at a price which 
should not more than cover the actual cost of 
paper, printing, and binding, and should not in 
any case exceed one dollar per volume. The re- 
solution passed without a division. In the Sen- 
ate, on the twenty-seventh, Mr, Anthon}^ of 
Rhode Island, from the Committee on Printing, 
to which it had been referred, reported it back 
without amendment. The joint resolution was 
passed, and approved by the President on the 
thirtieth of June, 1864. 

No. LXX. — The Bill to provide for the more 

speedy Punishment of Guerrilla Marauders, 

and for other purposes. 

In the House, on the sixth of June, 1864, Mr. 
Garfield, of Ohio, from the Committee on Military 
Affairs, introduced a bill for the more speedy pun- 
ishment of guerrillas, and for other purposes. 
Mr. Eldridge, of Wisconsin, moved that the bill 
be laid upon the table. Lost — yeas, thirty-five ; 
nays, sixty-seven. It was then passed — yeas, 
seventy-two ; nays, thirty-seven. 

In the Senate, on the thirteenth of June, Mr. 
Wilson, from the Committee on Military Affairs, 
to which the bill of the House had been referred, 
reported it back with an amendment. The bill 



DOCUMENTS. 



provided : That the provisions of the twenty-first 
section of the act for enrolUng and caUingout the 
national forces, and for other purposes, approved 
March third, 18G3, should apply as well to the 
sentences of the military commissions as to those 
of courts-martial ; and thereafter, the commanding 
general in the field, or the commander of the de- 
partment, as the case might be, should have power 
to carry into execution all sentences against guer- 
rillas, and for robbery, arson, burglary, rape, as- 
sault Avith intent to commit rape, and for viola- 
tion of the laws and customs of war, as well as 
sentences against spies, mutineers, deserters, and 
murderers. The second section provided that 
every officer authorized to order a general court- 
martial should have power to pardon or mitigate 
any punishment ordered by such court, includ- 
ing that of confinement in the penitentiary, ex- 
cept the sentence of death, or of cashiering or 
dismissing an officer, which sentences it should 
be competent, during the continuance of the re- 
bellion, for the general commanding the army in 
the field or the department commander, as the 
case might be, to remit or mitigate ; and the fifth 
section of tiie act approved July seventeenth, 
1862, chapter two hundred and one, be repealed 
so far as it related to sentences of imprisonment 
in the penitentiary. The Military Committee re- 
ported in favor of striking out of the first section 
after the word " guerrillas," the words, " for rob- 
bery, arson, burglary, rape, assault with intent 
to commit rape, and the violation of the laws and 
customs of war." The amendment was opposed 
by Mr. Howard, of Michigan. 

On the sixteenth, the Senate resumed the con- 
sideration of the bill, and Mr. Wilson modified 
the amendment by striking out the word "and," 
so that it would read : " Shall have power to 
carry into execution all sentences against guer- 
rillas for robbery, arson, burglary, rape, assault 
with intent to commit rape, and for violation of 
the laws and customs of war." Mr. Johnson op- 
posed the passage of the bill, and Mr. Davis de- 
nounced itas " another of the series of strange and 
absurd bills that these extraordinary times have 
originated." But the amendment was agreed to. 
On the thirtieth, the Senate resumed the further 
consideration of the bill, and Mr. Hendricks 
moved to amend it by providing that the term 
"guerrillas" therein contained should not beheld 
to include persons employed in the authorixed 
service of the enemjr. Mr. Conness moved to 
amend the amendment by adding the words, 
" whose operations shall be conducted according 
to the laws of war." But the amendment was re- 
jected,and Mr. Hendricks's amendment was agreed 
to. On motion of Mr. Sumner, the bill was so 
amended as to provide that wherever the M'ord 
"guerrilla" occurred, the word marauders should 
be inserted, so as to read " guerrilla marauders." 
Mr. Wilson moved to amend by adding a new 
section, providing that when a soldier in hospital 
should be discharged from the militarj^ service, 
but should be unable to leave or to avail himself 
of his discharge in consequence of sickness or 
wounds, and should subsequently die in such 



hospital, he should be deemed to have died in 
the military service. On motion of Mr. Lane, of 
Indiana, the amendment was so amended as to 
read, " when a soldier in any hospital shall have 
b3en discharged or shall be discharged ;" and the 
amendment as amended was agreed to. Mr. Wil- 
son then moved further to amend the bill by 
adding, " that payments which have been made 
by paymasters to non-commissioned officers of 
volunteer regiments from the date of their enrol- 
ment, and for a time previous to their muster into 
the service of the United States shall, if other- 
wise correct, be allowed in the settlement of such 
paymasters' accounts ;" and the amendment was 
adopted. The bill as amended was then passed, 
and its title amended so as to read: "A bill to 
provide for the more speedy punishment of guer- 
rilla marauders, and for other purposes." 

In the House, on the first of July, the amend- 
ments of the Senate were disagreed to, a commit- 
tee of conference asked for, and Mr. Farnsworth, 
of Illinois, Mr. Holman, of Indiana, and Mr. More- 
head, of Pennsylvania, were appointed managers. 
The Senate, on motion of Mr. Wilson, insisted on 
its amendments, agreed to a committee of con- 
ference, and Mr. Trumbull, Mr. Lane, of Indiana, 
and Mr. Van Winkle, of West-Virginia, were ap- 
pointed managers. 

On the second, Mr. Trumbull, from the com- 
mittee of conference, reported : " That the House 
recede from its disagreement to the first amend- 
ment of the Senate, and agree to the same. That 
the Senate recede from its second amendment, 
being the proviso to the first section. That the 
House recede from its disagreement to the Sen- 
ate's third amendment, and agree to the same, 
with the following amendment: add to the end 
of said amendment the following words, " so far 
as relates to bounties." That the Senate recede 
from its further amendment. That the House 
recede from its disagreement to Senate's amend- 
ment to the title of said bill and agree to the 
same." The report was agreed to. The House 
of Representatives concurred in the report of the 
committee of conference, and the bill was ap- 
proved by the President on the second of Jul}', 
1864 

No. LXXI. — The Bill to frovide for the better 
Organization of the Quartermaster'' s Depart- 
ment. 

In the Senate, on the eighth of March, 1804, 
Mr. Wilson introduced a bill to provide for the 
better organization of the quartermaster's depart- 
ment, which was read twice and referred to the 
Military Committee. On the fourth of April, Mr. 
Wilson reported it back witli amendments. The 
bill provided: That there should be established in 
the office of the Quartermaster-General, to exi-;t 
during the rebellion and one year thereafter, the 
following divisions, eachof which should be placed 
in the charge of a competent officer of the quar- 
termaster's department, who should, under such 
rules as might be prescribed by the Quartermas- 
ter-General, with the approval of the Secretary of 
War, transact the business of such division, to 



ro 



REBELLION RECORD, 1864. 



wit : The first division should have charge of the 
purchase, procureineiit, and disposition of horses 
and mules. The second division should have charge 
of the purchase, procurement, issue,and disposition 
of cloth and clothing, camp and garrison equipage, 
and accoutrements. The third division should 
have charge of the purchase, charter, hire, and 
maintenance of all vessels to he used in the trans- 
portation of the army, and of prisoners of war, 
and of their supplies. The fourth division should 
have charge of the purchase, charter, hire, main- 
tenance, and procurement of all transportation 
for the army, and its supplies by land and upon 
the western rivers. Tiie fifth division should 
have charge of the purchase, procurement, issue, 
and disposition of forage and straw. The sixth 
division should have charge of the erection, pro- 
curement, maintenance, and disposition of all bar- 
racks, hospital buildings, storehouses, stables, 
bridges, wharves, and other structures composed 
in whole or in part of lumber, and of all lumber, 
nails, and hardware for building purposes. The 
seventh division should have charge of the pur- 
chase, procurement, issue, and disposition of all 
wagons, ambulances, travelling-forges and har- 
ness. The eighth division should have charge 
of all inspections of the quartermaster's depart- 
ment, and of all reports made by officers assigned 
to inspection duty, analyzing and preserving the 
reports as received, and communicating, through 
the Quartermaster-General, to the chiefs of the 
proper divisions such portions of the reports as 
might be necessary for their information and use. 
The ninth division should have charge of all 
the correspondence, returns, reports, and records 
received, filed, and preserved in the office of the 
Quartermaster-General. That the supplies and 
material for the quartermaster's department 
should be purchased, after due public notice, by 
the heads of the several divisions, except in cases 
of supplies procured within the field of active 
military operations. That the heads of the sev- 
eral divisions should, under the direction of the 
Quartermaster-General, from time to time adver- 
tise for proposals for tlie supplies necessary for 
the movements and operations of the several ar- 
mies, and for other military purposes, in news- 
papers having general circulation in those parts 
of the country where such supplies could be most 
advantageously furnished ; and all such supplies 
should be subject to careful inspection ; and all 
clothing and camp and garrison equipage should 
be subject to a double inspection — first, as to the 
quality of the material, and second, as to the kind 
and character of the workmanship. That it should 
be the duty of the Quartermaster-General to es- 
tablish depots, from tin^e to time, at places con- 
venient to the principal armies in the field, for 
receiving and distributing the supplies necessary 
for such armies. That when an emergency should 
exist requiring the immediate procurement of sup- 
plies for the necessaiy movements and operations 
of an army, and when such supplies could not be 
procured from any established depot of the quar- 
termaster's department, or from the head of the 
division charged with the duty of furnisliing such 



supplies, within the required time, then it should 
be lawful for the commanding officer of sucli army 
to order the chief quartermaster of such army to 
procure such supplies during the continuance of 
such emergency, but no longer. That it should 
be the duty of the Quartermaster-General, im- 
mediately after the passage of the act, and at 
least once in every three months thereafter, 
to require from the principal quartermasters 
of the several military departments and de- 
pots, approximate statements of the aggregate 
amounts of supplies on hand, and estimates of 
the additional amounts required for the serv- 
ice for the ensuing three months, stating at what 
places such supplies would be required, and what 
amounts were legally contracted for but not de- 
livered. That all inspectors of horses, mules, 
clothing, fuel, forage, lumber, hired transports, 
and other supplies of the quartermaster's de- 
partment should be sworn to perform their du- 
ties in a faithful and impartial manner, and 
should, for any corruption, wilful neglect, or 
fraud in the performance of their duties, be liable 
to punishment by fine and imprisonment, by sen- 
tence of court-martial or military commission. 
That if any contractor or person furnishing sup- 
plies or transportation should give, or offer to 
give, or cause to be given, to any officer or em- 
ployee of the quartermaster's department having 
charge of the receipt or disposition of the sup- 
plies or transportation furnished b}'^ him, or in 
any way connected therewith, any money or 
other valuable consideration, directly or indi- 
rectly, all contracts and charters with such per- 
son should, at the option of the Secretary of 
War, be null and void. That whenever it should 
become necessary to purchase any steam or sail- 
ing vessel for the use of the quartermaster's de- 
partment, the same should be first inspected by 
one or more competent naval officers. That the 
oflicers placed in charge of the several divisions 
should, during the time that they remain in such 
charge, each have the rank, pa)', and emoluments 
of a colonel in the quartermaster's department. 
And that during the continuance of the rebellion, 
the Secretary of War might assign to duty, as in- 
spectors of the quartermaster's department, six 
officers, to be selected from the regular and vol- 
unteer officers who should have served for not 
less than one year in that department, who should 
have, while so assigned and acting, the tempo- 
rary rank, pay, and emoluments of lieutenant- 
colonels of the quartermaster's department. 

On the eleventh of May, the Senate, on motion 
of Mr. Wilson, proceeded to the consideration of 
the bill ; the amendments were agreed to, and 
the bill, as amended, passed without a division. 

On the sixteenth, the House, on motion of Mr. 
McTndoe, of Wisconsin, referred the bill to the 
Committee on Military Affairs. On the twenty- 
fourth of June, Mr. Schenck, of Ohio, reported 
it back with amendments, and on the twenty- 
eighth, the amendments of the Committee, to- 
gether with an amendment of Mr. Dawes, of Mas- 
sachusetts, were agreed to, and the bill as amend- 
ed passed. 



DOCUMENTS. 



71 



The Senate, on motion of Mr. Wilson, voted 
to disagree to the amendments of the House and 
ask a committee of conference on the disagree- 
ing votes. Mr. Wilson, Mr. Trumbull, and Mr. 
Powell were appointed managers on the part of 
the Senate. 

On the twent)'-ninth, the House, on motion of 
Mr. Schenck, insisted on its amendments ; agreed 
to a committee of conference, and the Speaker 
appointed Mr. Schenck, of Ohio, Mr. Deming, of 
Connecticut, and Mr. Ward, of New-York, man- 
agers on the part of the House. 

On the thirtieth, Mr. Schenck, from the com- 
mittee of conference, reported that the House 
recede from its first amendment, that the Senate 
agree to the other amendments, except the thir- 
ty-first amendment, and agree to it with an 
amendment. The report was agreed to. On the 
first of July, Mr. Wilson made a report from the 
conference committee, which was agreed to ; and 
the bill was approved by the President on the 
fourth of July, 1864. 

No. LXXII. — The Bill to amend the Several Acts 

for Enrolling and Calling out the National 

Forces. 

In the Senate, on the twenty-third of May, 
18G4, Mr. Morgan, of New-York, introduced a 
bill to prohibit the discharge of persons from lia- 
bility to military duty by reason of the payment 
of money, which was read twice and referred to 
the Committee on Military Affiiirs. On the twen- 
ty-fifth, Mr. Morgan reported it back with amend- 
ments. 

The Senate, on the eighth of June, on motion 
of Mr. Wilson, proceeded to the consideration of 
the bill and amendments. It proposed to repeal 
so much of the enrolment act as authorized the 
discharge of persons drafted, on the payment of 
three hundred dollars for the procuration of a 
substitute. The Committee reported an amend- 
ment to add as a new section. That nothing in 
the act approved February twent3^-fourth, 18G4, 
amending the act approved March third, 1863, for 
enrolling and calling out the national forces, 
should be construed to repeal that part of the act 
approved March third, 1863, which required that 
the board of enrolment, in making drafts, should 
" make a draft of the required number and fifty 
per cent in addition ;" and the amendment was 
agreed to. The Committee also reported an 
amendment to add as a new section. That section 
twelve of the "Act for enrolling and calling out 
the national forces, approved March third, 18G3, 
be so amended that the notice to be served on 
drafted men might be Served within ten days 
after such draft, or at any time within six months 
therefrom ; and the amendment was agreed to. 
Mr. Wilson moved to amend by adding as a new 
section : That the President be authorized, on and 
after the passage of this act, to call out, for a 
period not exceeding one year, such number of 
men as the exigencies of the service might re- 
quire by draft, according to the provisions of the 
act approved March third, 1863, entitled, "An 
act for enrolling and calling out the national 



forces," and the act approved February twenty- 
fourth, 1864, entitled, " An act to amend an act 
entitled, 'An act for enrolling and calling out 
the national forces.' " After debate, in which 
Mr. Oonness, Mr. Brown, Mr. Collamer, Mr. Wil- 
son, Mr. Grimes, and Mr. Lane, of Indiana, par- 
ticipated, the Senate adjourned. 

On the ninth, the Senate resumed the consider- 
ation of the bill, the question being on Mr. Wil- 
son's amendment to draft for one year instead of 
three years. Mr. Wilson withdrew his amend- 
ment to enable Mr. Collamer to offer as an amend- 
ment, in four sections : That all calls for drafts 
thereafter made under the act entitled, "An act for 
enrolling and calling out the national forces, and 
for other purposes," approved March third, 1863, 
and of any act in addition to or amendment 
thereof, should be for a term not exceeding one 
year. That this act should not extend to or in- 
clude drafts to be made in any district or sub- 
division thereof, to fill its quota on calls already 
made, but the same should be completed under 
the laws in force before the passage thereof. That 
no person drafted on future calls should be liable 
to be again drafted until the present enrolment 
should be exhausted. That the number of men 
furnished from any district for the service of the 
United States, beyond and above its quota on 
calls heretofore made, and the term of service of 
such men, should be considered and allowed to 
said district in calls thereafter made. 

The amendment was discussed at great length 
by Mr. Collamer, Mr. Brown, Mr. Hendricks, Mr, 
Nesmith, Mr. Lane, of Indiana, Mr. Richardson, 
Mr. Doolittle, and Mr. McDougall. The vote 
was then taken on Mr. Collamer's first section, 
and it was agreed to — yeas, twenty-two; nays, 
seventeen. The other sections of Mr. Collamer's 
amendment were then adopted. 

On the twentieth, the Senate, on motion of Mr. 
Wilson, resumed the consideration of the bill. 
Mr. Brown moved to amend by adding a new 
section requiring Indian tribes, having treaties 
and receiving annuities, to furnish their quotas, 
the force so furnished to be used in maintaining 
peace among the Indians, and relieving troops 
employed against hostile tribes. The amend- 
ment was opposed by Mr. Johnson, Mr. Hale, 
Mr. Saulsbury, Mr. Doolittle, Mr. Hendricks, 
Mr. Wilson, Mr. Richardson, Mr. Howard, Mr. 
McDougall, and Mr. Howe, and supported by 
Mr. Brown, and Mr. Lane, of Kansas. Mr. Doo- 
little moved to amend Mr. Brown's amendment 
by substituting for it a provision authorizing the 
Secretary of War to receive into the military 
service Indian tribes in treaty with the United 
States, to be employed as a part of the military 
force for the purpose of maintaining peace, and 
protecting from hostile incursion the Indian Ter- 
ritorj^ and other Territories where the hostile or 
invading force was in whole or in part composed 
of hostile Indians ; and the amendment to the 
amendment was agreed to — yeas, twent3'-four ; 
nays, twelve. The amendment as amended was 
then rejected — yeas, ten ; nays, twenty-nine. Mr. 
Wilson moved to amend by adding as a new seo 



72 



REBELLION RECORD, 1864. 



tion : That every person who should be drafted 
under calls thereafter made, and who should 
serve honorably for a period of one j^car, should 
receive a bounty of one hundred dollars, to be 
paid upon his discharge from the service ; and 
every person so drafted, and who should be hon- 
orably discharged after a term of service less 
than one year, should receive a bounty propor- 
tioned to his term of service. Mr. Conness moved 
to amend the amendment by striking out all 
after the word " that," and inserting : " From and 
after the passage of this act, every able-bodied 
volunteer who shall be accepted and who shall 
enter into the service of the United States shall 
be entitled to receive, after one year's service, 
one hundred dollars in addition to the sum now 
provided by law." xVfter debate Mr. Conness 
withdrew his amendment, and the vote was tak- 
en on Mr. "Wilson's amendment, and it was re- 
jected. 

Mr. Wilson moved to amend the bill by add- 
ing as a new section, That when a soldier, sick in 
hospital, should be discharged from the military 
service, but should be unable to leave, or avail 
himself of his discharge, in consequence of sick- 
ness or wounds, and should subsequently die in 
such hospital, he should be deemed to have died 
in the military service ; and it was agreed to. 
Mr. Wilson moved further to amend the bill by 
adding as a new section. That paj^ments which had 
been made by paymasters to non-commissioned 
oflScers of volunteer regiments from the date of 
their enlistment, and for a time previous to their 
muster into the service of the United States, 
should, if otherwise correct, be allowed, in the 
settlement of such paymasters' accounts ; and it 
was agreed to. Mr. McDougall moved to amend 
the first section of the bill by adding : That ten 
days after the passage of the bill, substitutes 
should not be allowed in lieu of persons drafted. 
Mr. Wilson and Mr. Hale opposed it, and it was 
rejected — yeas, six ; nays, thirty-five. 

Mr. Ten Eyck, of New-Jersey, moved to amend 
the bill by adding, as a new section. That every 
non-commissioned officer, private, or other per- 
son, who had been, or should thereafter be, dis- 
charged from the army, within two years from 
the date of their enlistment, by reason of perma- 
nent injuries received, or permanent disability 
contracted, in the line of duty, should be entitled 
to receive the same bounty, in proportion to the 
time he might have served, as was granted, or 
might thereafter be granted, to the same class 
of persons who were discharged after a service 
of two years ; and it was agreed to. On motion 
of Mr. Wilson, the bill was further amended by 
adding that hospital matrons should, after the 
first of Jul}'-, 1864, receive twelve dollars per 
month and one ration. 

Mr. Hendricks moved to strike out the first 
section, repealing the commutation clause of the j 
enrolment act, and it was agreed to — yeas, twen- 
ty-one ; nays, eighteen. Mr. Conness moved to i 
lay tlie bill on the table, but the motion was lost 
— yeas, fifteen ; nays, twenty-four. Mr. Sumner 
I moved to amend the bill by requiring drafted 



persons to pay, in addition to the three hundred 
dollars commutation, on all incomes over one 
thousand dollars and not over two thousand dol- 
lars, five per cent ; on all incomes over two thou- 
sand dollars and not over five thousand dollars, 
ten per cent ; and on all incomes over five thou- 
sand dollars, twenty per cent ; the money to be 
paid in bounties to men drafted and mustered 
into the service. On motion of Mr. Crimes, the 
bill was recommitted to the Military Committee. 
On the twenty-first, Mr. Morgan reported back 
the bill without amendment. The Senate, on 
motion of Mr. Morgan, proceeded, on the twenty- 
third, to its consideration. The amendments 
which had been adopted fell by the recommit- 
ment, and the original bill, providing simply for 
the repeal of the three hundred dollar commuta- 
tion clause, was reported by the Military Com- 
mittee. Mr. Morgan moved to amend it by add- 
ing, as a second section, the amendment moved 
by Mr. CoUamer : That in calls for drafts there- 
after made, under the act " for enrolling and 
calling out the national forces," and the acts in 
addition to or amendatory thereof, the same 
might be made for such term of time as the Pres- 
ident should direct, not exceeding one year. Mr. 
Wilson moved to amend the amendment so as to 
make it read, "shall be made for one year;" 
lost — yeas, twelve ; nays, eighteen. ^Ir. Chand- 
ler moved to amend Mr. Morgan's amendment by 
striking out " not exceeding one year," and in- 
serting " not less than one nor more than three 
years ;" lost — yeas, sixteen ; nays, twenty-three. 
Mr. Morgan's amendment was then agreed to — 
yeas, twenty-five ; nays, fourteen. Mr. Colla- 
mer then moved that the sum paid as commuta- 
tion money should not exceed five hundred dol- 
lars, instead of three hundred dollars ; but the 
amendment was rejected. 

Mr. Grimes moved that the amendment pro- 
posed by Mr. Collamer, providing that tlie num- 
ber of men furnished from any district to the 
service beyond and above calls theretofore made, 
and the term of service of such men, should be 
considered and allowed to said district in calls 
thereafter made, should be added as a new sec- 
tion ; and it was agreed to. On motion of Mr. 
Grimes, the bill was further amended by adding 
as a new section an amendment proposed by Mr. 
Collamer, providing that no person drafted on 
future calls, or who should volunteer to fill the 
same, should be liable to be again drafted until 
the existing enrolment should be exhausted. 
The bill as amended was then passed — yea.s, 
twenty-four; nays, seven. 

In the House, on the twentj'-first of June, Mr. 
Schenck, from the Military Committee, reported 
a bill to further regulate and provide for enroll- 
ing and calling out the national forces. Mr. 
Randall, of Pennsylvania, objected to its second 
reading. On the question, should the bill be re- 
jected, the yeas were seventy-five, and the nays 
were seventy-five ; the Speaker voted na}*, and 
the bill was not rejected. Mr. Blaine, of Maine, 
moved to strike out the two first sections, pro- 
viding that no payment of money should be ac- 



DOCUMENTS. 



73 



cepted by the Government to release any drafted 
person from the performance of military dutj'-, 
and that no substitute should be accepted for a 
drafted person, unless he be the father, brother, 
or son of the drafted man. The question, after 
debate, was taken on the motion striking out the 
first section ; and it was agreed to — yeas, one 
hundred ; nays, fifty. The second section was 
then stricken out without a division. Mr. Broom- 
all, of Pennsylvania, moved a substitute for the 
bill. Mr. Fcnton, of New-York, moved to amend 
it by adding that the President should accom- 
pany any order for a draft of men for military 
service with a notice that ho would accept volun- 
teers or substitutes in lieu of such drafted men 
prior to the day appointed for the draft, to fill up 
the quota or any part thereof, of any town, town- 
ship, ward, precinct, or election district, or of 
any county not so sub-divided ; and every per- 
son so volunteering, in lieu of a man to be draft- 
ed, should be credited to such town, township, 
ward, precinct, or election district, or county not 
so sub-divided ; and if he volunteered, or was 
offered as a substitute for a drafted man, and 
was accepted and mustered into the service for a 
term of one year, unless sooner discharged, should 
receive and be paid by the United States a bounty 
of one hundred dollars ; and if for a term of two 
years, unless sooner discharged, a bounty of two 
hundred dollars ; and if for a term of three years, 
unless sooner discharged, a bounty of three hun- 
dred dollars ; one half of which said bounty 
should be paid to the soldier at the time of his 
being mustered into the service, one fourth at 
the expiration of one half his term of service, and 
one fourth at the end of his term of service. 

Mr. Ashley, of Ohio, moved to strike out of 
the amendment, " be credited to such town, 
township, precinct, or election district," and in- 
sert in lieu the words, "if subject to enrolment, 
be credited to the town, township, precinct, or 
election district in which he may be liable to en- 
rolment ; if not so subject, to the town, town- 
ship, precinct, or election district in which he 
may have volunteered ;" and it was agreed to— 
yeas, sixty-four ; nays, forty-one. On motion of 
Mr. Boutwell, it was further amended by adding : 
That no volunteer or substitute who should be 
honorably discharged previous to the expiration 
of the term of his enlistment, should be entitled 
to his full bounty for the term of his enlistment. 
Mr. Ingersoll moved to amend, by adding after 
the word "service" the words, " But in case of 
his death when in said service, the residue of his 
bounty shall be paid to his legal representatives ; 
and in case of his honorable discharge from 
wounds or sickness incurred in the service, he 
shall receive the full bounty ;" and it was agreed 
to. Mr. Farnsworth then moved that the bill be 
laid upon the table, but the motion was lost. 
Mr. Fenton's amendment as amended was then 
agreed to. 

On the twenty-fifth, the House resumed the 
consideration of the bill, and Mr. Schenck offered 
a substitute for the substitute moved by Mr. 
Broomall. The substitute, in eight sections, pro- 



vided : For the repeal of the three hundred dol- 
lar commutation. For drafting for a period not 
less than one year. For a bounty of one hun- 
dred dollars for one year, two hundred dollars for 
two years, and three hundred dollars for three 
years. For allowing drafted men to select their 
organizations, when not filled. For discharging 
minors under eighteen years of age, and forbid- 
ding officers to muster into the service minors 
under sixteen years of age. For allowing pro- 
vost-marshals to make a draft of fifty per cent in 
addition to the number required to fill the quota. 
For allowing to drafted persons transportation. 
For the enlistment of volunteers in the rebel 
States. 

The bill was debated by Mr. Schenck, Mr. 
Odell, of New- York, Mr. Garfield, of Ohio, Mr. 
Mallory, of Kentucky, Mr. Blair, of Missouri, Mr. 
Dawes and Mr. Boutwell, of Massachusetts, and 
Mr. Kernan and Mr. Fernando Wood, of NeW'- 
York. Mr. Cox moved to lay it on the table ; but 
the motion was lost — yeas, fifty-seven ; nays, 
seventy-eight. The main question was then or- 
dered, and the House adjourned. 

On the twenty-seventh the House resumed the 
consideration of the bill. Mr. Schenck demanded 
the yeas and nays on his amendment, and they 
were ordered. The amendment was lost — ^yeas, 
sixty-two ; nays, nrnety-one. The vote was then 
taken on Mr. Broomall's substitute, and it was 
rejected. Mr. Stevens moved an amendment as 
a substitute, in ten sections. Mr. Eliot, of Mas- 
sachusetts, proposed ten additional sections, giv-' 
ing credit for naval enlistments, and allowing ad- 
ditional time for persons drafted who should be 
absent in pursuit of their business ; and Mr. Stev- 
ens accepted them as part of his amendment. 
Mr. Blair moved to amend the original bill by 
adding, That thereafter no person should be re- 
ceived or accepted to serve in the army as a sub- 
stitute for an}'' other person liable to military du- 
ty, and who might have been enrolled or drafted 
for that purpose ; but the amendment was reject- 
ed — twenty-five voting for it, and ninety-three 
against it. 

Mr. Schenck moved to amend the bill by 
adopting a substitute for the substitute of Mr. 
Stevens. The substitute, he said, was the Sen- 
ate bill on the table of the House. The substi- 
tute was lost— yeas, fifty-eight ; nays, ninety- 
two. The vote was then taken on Mr. Stevens's 
substitute, and it was lost — ^yeas, twenty-three ; 
nays, one hundred and twenty. 

Mr. Smithers, of Delaware, offered a substitute 
for the original bill. It provided : That the Presi- 
dent might call for any number of men as vol- 
unteers, for the respective terms of one, two, and 
three years, and any person mustered into the 
service for the term of one year, unless sooner 
discharged, should receive and be paid by the 
United States a bounty of two hundred dollars; 
and if for a term of two years, unless sooner dis- 
charged, a bounty of three hundred dollars ; and 
if for a term of three years, unless sooner dis- 
charged, a bounty of four hundred dollars. That 
in case the quota or any part thereof of any town, 



REBELLION RECORD, 1864. 



townsliip, ward, precinct, or election district, or 
of any county not so subdivided, should not be 
filled within tlie space of sixty days after such 
call, then the 1^-esident should order a draft for 
one year to fill such quota or any part thereof 
which might be unfilled ; and in case of any such 
draft, no payment of money should be accepted 
or received by the Government as commutation 
to release any enrolled or drafted man from per- 
sonal obligation to perform military service. That 
it should be lawful for the executive of any of 
the States to send recruiting agents into any of 
the States declared to be in rebellion, to recruit 
volunteers under any call under the provisions 
of this act, who should be credited to the State 
and to the respective subdivisions thereof which 
might procure the enlistment. That drafted men, 
substitutes, and volunteers, when mustered in, 
should be organized into or assigned to regiments, 
batteries, or other organizations of their own 
States, and, as far as practicable, should, when 
assigned, be permitted to select their own regi- 
ments, batteries, or other organizations from 
among those of their respective States, which, at 
the time of assignment, might not be filled to 
their maximum number. That the Secretary of 
War should discharge minors under the age of 
eighteen j^ears, under the circumstances and on 
the conditions prescribed in said section ; and 
thereafter, if any officer of the United States 
should knowingly enlist or muster into the mili- 
tary service any person under the age of sixteen 
years, with or without the consent of his parent 
or guardian, such person so enlisted or recruited 
should be innnediately and unconditionally dis- 
charged ; and such recruiting or mustering offi- 
cer should be dismissed the service with forfeit- 
ure of all pay and allowances. That section 
three of an act entitled, " An act to amend an 
act entitled, ' An act for enrolling and calling out 
the national forces, and for other purposes,' " ap- 
proved February twenty-fourth, 1864, be amend- 
ed so as to authorize and direct district provost- 
marshals, under the direction of the Provost- 
Marshal General, to make a draft for fifty per 
cent in addition to the number required to fill 
the quota of any district, as provided by said sec- 
tion. That, instead of travelling pay, all draft- 
ed persons reporting at the place of rendezvous 
should be allowed transportation from their pla- 
ces of residence ; persons discharged at the place 
of rendezvous should be allowed transportation 
to their places of residence. That all persons in 
the naval service of the United States, who had 
entered said service during the present rebellion, 
Avho had not been credited to the quota of any 
town, district, ward, or State, by reason of their 
having been in said service and not enrolled prior 
to February twenty-fourth, 1864, should be en- 
rolled and credited to the quotas of the town, 
ward, district, or State in which they respective- 
ly resided. That if any person duly drafted 
should be absent from home in prosecution of his 
usual business, the provost-marshal of the dis- 
trict should cau.se him to be duly notified as soon 
as might be, and he should not be deemed a de- 



serter, nor liable as such, until notice had been 
given to him and reasonable time allowed for him 
to return and report to the provost marshal of 
his district ; but such absence should not other- 
wise affect his liability under the act. The vote 
was then taken on the substitute ; and it was 
lost — yeas, seventj'-five ; naj's, seventy-seven. 

On the twenty-eighth, Mr. Blair, of West- Vir- 
ginia, moved to reconsider the vote on Mr. Smith- 
ers's substitute. Mr. Holman moved to lay the 
motion on the table — yeas, seventy-three ; nays, 
eighty-five. Mr. Blair's motion to reconsider the 
vote was then agreed to — yeas, eighty-three ; 
nays, seventy-one. Mr. Smithers's amendment, 
in the nature of a substitute, was then agreed to 
— yeas, eighty-one ; nays, seventy-five. Mr. 
Stevens moved further to amend the bill by add- 
ing that nothing contained in the act should be 
construed to alter, or in any way affect the law 
relative to those conscientiously opposed to bear- 
ing arms. Mr. Pike, of Maine, moved to amend 
Mr. Stevens's amendment requiring the enrol- 
ment of persons between forty-five and fifty 
years of age ; but it was lost — yeas, forty-seven ; 
nays, one hundred and two. Mr. Stevens's 
amendment was then agreed to — yeas, seventy- 
seven ; na3''S, sixty-four. The bill, as amended, 
was then passed — yeas, eighty-two ; nays, seven- 
ty-seven. 

In the Senate, on the twenty-ninth, Mr. Wil- 
son, from the Committee on Military Affairs, to 
which the bill had been referred, reported it back 
with amendments. On motion of Mr. Wilson, 
the Senate, in the evening session, proceeded to its 
consideration. x\fter being debated and amend- 
ed in several particulars, Mr. Grimes moved 
to amend it by substituting for it the bill that 
passed the Senate ; and the amendment was agreed 
to. Mr. Ten Eyck moved to amend the substi- 
tute by adding as a new section. That all enlist- 
ments that had been made into the naval service 
or marine corps since the passage of the act to 
amend an act entitled, " An act for enrolling and 
calling out the national forces," and which should 
thereafter be made into the naval service or ma- 
rine corps, should be allowed and credited to the 
appropriate township, precinct, or district, on ac- 
count of which such enlistments had been or 
might be made, in the same manner as enlist- 
ments for the army were allowed and credited to 
the several townships, precincts, or districts; and 
the amendment was agreed to. Mr. Sherman 
moved to amend by adding as a new section, 
"That for the purpose of paying the bounties 
and of enforcing the draft, there be levied and 
collected, in addition to the duties imposed by 
law, a special duty of five per cent on all incomes 
exceeding six hundred dollars, accruing during 
the year 1864;" and the amendment was agreed 
to — 3'eas, twenty-five; nays, seven. Mr. Powell, 
of Kentucky, moved to add a section forl)idding 
any State to recruit in other States ; and it was 
agreed to. The Ijill as amended was tlien passed. 

On the thirtieth, Mr. Stevens moved that the 
amendment to assess on incomes a tax to pay 
the bounties, and to carry into effect the enrol- 



DOCUMENTS. 



V5 



ment act, in the opinion of the House, contra- 
vened the first clause of the seventh section of 
the first article of the Constitution of the United 
States, and was an infringement on the privileges 
of the House, and that the bill, with the amend- 
ments, be respectfully returned to the Senate, 
with a message communicating the resolution ; 
and the motion was agreed to. The Senate re- 
turned the bill to the House, with the section ob- 
jected to left out. The House proceeded to con- 
sider the bill, and after debate, in which Mr. 
Dawes, Mr. Wilson, Mr. Schenck, and Mr. Hard- 
ing participated, Mr. Le Blond, of Ohio, moved 
that no levy of troops should be made under the 
provisions of the act, except by volunteering, till 
such time as the President of the United States 
should have made a request for an armistice, and 
should have made such efforts as were consistent 
with honor to restore harmony among the States 
by the appointment of commissioners, empowered 
to negotiate for peace upon terms of the restora- 
tion of the Union under the Constitution, and 
until such efforts should have been rejected by 
the so-called confederate government. Mr. Cox 
moved to lay the whole subject on the table ; 
lost — yeas, forty-three ; nays, fifty-seven. The 
vote was then taken on Mr. Le Blond's amend- 
ment, and it was rejected — yeas, eleven ; nays, 
eighty-nine. 

On the first of July, the House, on motion of 
Mr. Schenck, resumed the consideration of the 
bill. Amendments were offered by Mr. Davis, 
of Maryland, Mr. Morrill, Mr. Orth, Mr. Thomas, 
and Mr. Garfield. The amendments of Mr. Tho- 
mas and Mr. Davis were rejected, and those of 
Mr. Morrell, Mr. Orth, and Mr. Garfield agreed 
to. The amendment of the Senate, as amended, 
was then disagreed to, and, on motion of Mr. 
Schenck, the House a.sked a committee of confer- 
ence, and the Speaker appointed Mr. Garfield, 
Mr. Smithers, and Mr. Kernan managers on the 
part of the House. 

The Senate, on motion of Mr. "Wilson, insisted 
upon its amendments, agreed to the committee 
of conference, and appointed Mr. Wilson, Mr. 
Morgan, and Mr. Lane, of Indiana, managers. 
On the twenty-second, Mr. Wilson, from the con- 
ference committee, reported " that the Senate re- 
cede from its amendments to the House bill, and 
agree to it with several amendments." After de- 
bate, the vote was taken on concurring in the 
report, and it was non-concurred in-— j'eas, six- 
teen ; nays, eighteen. On motion of Mr. Sher- 
man, the Senate insisted on its amendments to 
the bill, and asked a further conference on the 
disagreeing votes of the two Houses — yeas, twen- 
ty-eight ; nays, eight. Mr. Foster moved a re- 
consideration of the vote, and it was reconsidered 
— yeas, twenty ; nays, seventeen. Mr. Sherman 
then withdrew his motion. On motion of Mr, 
Conness, the Senate reconsidered its vote non- 
concurring in the report of the committee of 
conference — yeas, eighteen; nays, seventeen. 
The vote was then taken on concurring in the 



House, Mr. Garfield made the report from the 
committee of conference, and it was agreed to — 
yeas, sixty-six ; nays, fifty-five. The bill was 
approved by the President on the fourth of July, 
1864. 

No. LXXin. — The Joint Eesolntion expressive 
of the Thanks of Congress to the Veteran Sol- 
diers icho have reenlisted in the Army. 
In the House, on the seventeenth of February, 
1864-, Mr. Farnsworth, of Illinois, introduced a 
joint resolution expressive of the thanks of Con- 
gress to the veteran soldiers who have reenlisted 
in the army. It declared that the thanks of 
Congress are given to those noble and brave men 
who, having so gallantly endured the hardships 
and perils of war for more than two years, in 
support of their country's flag, present the sub- 
lime spectacle of again voluntarily enrolling them- 
selves in the Sirmj of the Union for another three 
years' campaign, or so long as the war shall con- 
tinue ; and that the Secretary of War cause the 
resolution to be read to each of the veteran regi- 
ments who had reenlisted, or should reenlist. 
The joint resolution was passed without a divi- 
sion. 

In the Senate, on the first of March, Mr. Wil- 
son, from the Committee on Military Aftairs, to 
which it had been referred, reported it back with- 
out amendment. The resolution was unanimous- 
ly passed, and it was approved by the President 
on the twenty-second day of March, 1864:. 



No. LXXIV.— r^e Bill to increase the ISfumher 
of Cadets in, and to raise the Standard of 
Admission to, the Military Academy. 
In the Senate, on the twentieth of December, 
1864, Mr. Wilson introduced a bill to increase 
the number of Cadets in, and to raise the stand- 
ard of admission to, the Military Academy, which 
was read twice and referred to the Military Com- 
mittee. The bill provides : " That the President of 
the United States may appoint, in addition to the 
number of cadets heretofore authorized by law, 
two cadets for each State represented in Congress, 
who shall be actual residents of the State for 
which they may be appointed, and fifty cadets 
to be appointed from the military forces of the 
United States, regular and volunteer, who shall 
have served for a period of not less than one 
year. That no person shall hereafter be admitted 
as a cadet at the Military Academy who shall be 
less than seventeen or more than twenty years 
of age on the first day of July in the year of his 
admission. That on and after the first day of 
July, 1866, no person shall be admitted as a ca- 
det at the Military Academy until he shall have 
passed a full and satisfactory examination in the 
following-named branches of education : First. 
Spelling, reading, writing, and the grammatical 
construction of the English language. Second. 
An outline of the physical and political geogra- 
phy and of the history of the United States, 
Third. Arithmetic, to include the decimal numer- 



conference committee's report; and it was agreed ation, the four ground rules, the tables of the 
to— yeas, eighteen ; nays, seventeen. In the | standard weights and measures, and the coins of 



16 



REBELLION RECORD, 1864. 



the United States, England, and France ; reduc- 
tion of weights, measures, and so forth ; vulgar 
and decimal fractions, and ratios and proportions. 
Fourth. Algebra, to include the solution and dis- 
cussion of equations of the second degree. Fifth, 
Geometry, to comprise the principal theorems 
and problems of plane geometry which treat of 
right lines, angles, triangles, polygons, and fhe 
circle. That the President maj% from time to 
time, upon the recommendation of the Annual 
Board of Visitors and the Academic Board of the 
Military Academy, make such changes in the 
qualifications for admission provided for in the 
preceding section as may be deemed necessary. 
That on and after the first day of Jul}^, 1866, no 
person shall be admitted a cadet at the Military 
Academy, nor shall any cadet receive a com- 
mission in the army, who has not undergone a 
medical examination, and been pronounced physi- 
cally qualified for the duties of a soldier." The 
bill was not reported back from the Military 
Committee. 

No. LXXV. — T7ie Joint Resolution tendering 
the Thanlcs of the People and of Congress to 
Mnjor-General William T. Sherman, and the 
Officers and Soldiers of his Command, for 
their gallant Conduct in their Irilliant Move- 
ment through Georgia. 

In the House, on the fifth of January, 1865, 
Mr. Cole, of Cahfornia, introduced a joint reso- 
lution tendering the thanks of Congress to Ma- 
jor-Gcneral AV'illiam T. Sherman. The resolution 
declared : That the thanks of the people and of 
Congress be tendered to Major-General William 
T. Sherman, and through him to the officers and 
men under his command, for their gallantry and 
good conduct in their brilliant expedition through 
Georgia. On motion of Mr. Garfield, the reso- 
lution was referred to the Committee on Military 
Affiiirs. 

On the sixth, Mr. Schenck, from the Military 
Committee, reported back the resolution with a 
substitute, enlarging its scope so as to include 
the campaign from Chattanooga to Atlanta. The 
substitute provided: "That the thanks of the 
people and of the Congress of the United States 
be tendered to Major-General William T. Sher- 
man, and through him to the officers and men 
under his command, for their gallantrj'- and good 
conduct in their campaign from Chattanooga to 
Atlanta, and the triumphal march thence through 
Georgia to Savannah, terminating in the capture 
and occupation of that city ; and that the Presi- 
dent cause a copy of the resolution to be en- 
grossed and forwarded to General Sherman." The 
substitute was agreed to, and the joint resolution 
as amended passed. 

In the Senate, a message was received from 
the House announcing the pas.sage of the joint 
resolution tendering the thanks of the people 
and of Congress to Major-General Sherman, his 
officers and men. On motion of Mr. Lane, of 
Indiana, the resolution was taken up for consid- 
eration. Mr. Trumbull moved its reference to 
the Committee on Military Afifairs. In making 



the motion, he said : " The whole country ap- 
preciates — I certainly do — the distinguished serv- 
ices of Major-General Sherman ; but I think we 
had better not take the resolution out of the 
ordinary course." Mr. Johnson declared that, 
" however proper it might have been, even if 
there were a uniform rule, to make the reference 
suggested by the Senator from Illinois, j^et, as 
the motion of the Senator from Indiana was to 
take the resolution up that it might be acted 
upon at once, a delay now in acting upon it, 
(although I am sure such is not the motive that 
governs the Senator from Illinois, or would gov- 
ei-n any other member of the Senate,) would be 
considered, perhaps, by the public as an intima- 
tion or an indication that there was, on the part 
of some one member of the Senate, an unwilling- 
ness to award this tribute to that gallant officer 
and his men." Mr. Foster .said : " The thanks 
of Congress to an officer for gallant service I 
deem to be an honor and a great honor ; but it 
is only when they are cordially and without 
hesitation offered. If we are to hesitate and 
higgle about thanking an officer or an army, I 
think we had better do nothing about it. I 
hope we shall act upon this resolution without a 
reference." " When General Sherman," said Mr. 
Clark, "cut loose from Atlanta, and marched 
upon the coast, it was said that he violated all 
the proprieties and rules of the military service. 
I would be glad, in this instance, to violate the 
practice of the Senate, and give him the thanks 
of Congress." Mr. Davis said the vote of thanks 
would have more moral value to the hero it was 
intended to honor if it were done deliberately and 
according to the practice of the Senate. The 
motion to refer was lost, and the joint resolution 
was unanimously passed, and approved by the 
President on the tenth of January, 1865. 

No. LXXVI. — ITie Resolution to present the 
Thanks of Congress to Major-General Alfred 
H. Terry, and the Officers and Men under his 
Command. 

In the Senate, on the eighteenth of January, 
1865, Mr. Dixon, of Connecticut, introduced a 
joint resolution tendering the thanks of Con- 
gress to Major-General Alfred H. Terry for the 
brilliant victory of Fort Fisher, and it was 
read twice and referred to the Military Commit- 
tee. On the nineteenth, Mr. Wilson, from the 
Militarj'^ Committee, reported it back in a new 
draft. The amendment of the Committee was 
to strike out after the resolving clause, and in- 
sert : " That the thanks of Congress be presented 
to Major-General Alfred H. Terry, and to the 
officers and men under his command, for the un- 
surpassed gallantry and skill exhibited by them 
in the attack upon Fort Fisher, and the l^-illiant 
and decisive victory by which that important 
work had been captured from the rebel forces, 
and placed in the possession and under the 
authority of the United States, and for their 
long and faithful service and unwavering devo- 
tion to the cause of the country in the midst of 
the greatest difficulties and dangers. 



DOCUMENTS. 



V7 



''^And he it further resolved, That the Presi- 
dent of the United States be requested to com- 
municate this resolution to Major-General Terrj', 
and through him to the officers and soldiers un- 
der his command. The amendment was agreed 
to. The joint resolution passed, and the title 
was so amended as to read : " A joint resolution 
to present the thanks of Congress to Major-Gen- 
eral Alfred H. Terry and the officers and men 
under his command." 

In the House, on the twentieth, the joint res- 
olution was reported back by Mr. Schenck from 
the Military Committee, to whom it had been re- 
ferred, with an amendment inserting the word 
" brevet " before " major-general." The amend- 
ment was agreed to ; the joint resolution as 
amended passed ; the Senate concurred in the 
amendment, and it was approved by the Presi- 
dent on the twenty -fourth of January, 1865, 
No. LXXVII. — The Joint Resolution to present 
the Thanls of Congress to Major-General Phi- 
lip U. Sheridan, and the Officers and Men tin- 
der his Command. 

In the House, on the twenty-third of Januarj', 
1865, Mr. Washburne, of Illinois, introduced a 
joint resolution tendering the thanks of Congress 
to Major-General Sheridan, his officers and men, 
which was read twice, and referred to the Com- 
mittee on Military Affairs. On the twenty-fifth, 
Mr. Deming, of Connecticut, reported it back 
with an amendment in the nature of a substitute. 
The substitute declared : That the thanks of Con- 
gress be tendered to Major-General Philip H. 
Sheridan and the officers and men under his 
command, for the gallantry, military skill, and 
courage displayed in the brilliant series of vic- 
tories achieved by them in the valley of the 
Shenandoah, and especially for their services at 
Cedar Run, on the nineteenth of October, 1864, 
which retrieved the fortunes of the day and 
averted a great disaster ; and it further requested 
the President of the United States to communi- 
cate the resolution to Major-General Sheridan, 
and through him to the officers and soldiers un- 
der his command. The substitute was agreed 
to, and the resolution as amended passed — yeas, 
one hundred and thirty-one ; nays, two. In the 
Senate, on the first day of February, Mr. AVil- 
son, from the Committee on Military Affairs, to 
whom it had been referred, reported back the 
joint resolution without amendment. By unan- 
imous consent it was considered and passed, and 
was approved by the President on the ninth of 
Februar}', 1865. 

No. LXXVIII. — The Bill to increase the Pay of 
the Officersofthe Army, and for other purposes. 
In the House, on the eighteenth of February, 
1865, Mr. Yeaman, of Kentucky, from the Com- 
mittee on Military Affairs, reported a bill to in- 
crease the pay of officers of the army. The first 
section provided that officers of the army should 
be exempt froui the tax on their pay. The second 
section provided that during the rebellion, the 
pay proper of staff and line-officers of the army 
below the rank of brigadier-general, should be : 



Colonels of infantry and artiller}^, one hundred 
and forty dollars ; lieutenant-colonels, one hun- 
dred and twenty dollars ; majors, one hundred 
and five dollars ; captains, ninety dollars ; first 
lieutenants, seventy-seven dollars ; second lieu- 
tenants, seventy dollars ; colonels of all other 
arms of the service, one hundred and sixty-five 
dollars ; lieutenant-colonels, one hundred and 
forty dollars ; majors, one hundred and fifteen 
dollars ; captains, one hundred and two dollars 
and fifty cents ; lieutenants, eighty dollars and 
thirty-three cents. The third section provided : 
That hereafter, whenever any officer or soldier 
should be discharged from the service, except by 
way of punishment for an offence, he should be 
furnished transportation from the place of his 
discharge to his then actual place of residence; 
or, in case transportation could not be furnished 
by the Government, then he should be paid the 
actual cost of travelling in money. On motion 
of Mr. Rice, of Massachusetts, the bill was so 
amended as to include naval officers. Mr. Ross, 
of Illinois, moved to amend it so as to increase 
the pay of soldiers to twenty dollars per month, 
and it was agreed to — yeas, eighty-two; nays, 
thirty-three. On motion of Mr. Farnsworth, of 
Illinois, the pay of assistant surgeons was in- 
creased to one hundred and twenty-five dollars 
per month. On motion of Mr. Garfield, the bill 
was recommitted to the Committee on Military 
Affairs. 

No. LXXIX. — The Bill to increase the Efficien- 
cy of the Medical Corjjs of the Army. 
In the House, on the twenty-first of June, 

1864, Mr. Schenck, from the Committee on Mil- 
itarj' Affiiirs, reported a bill to increase the ef- 
ficiency of the medical corps of the army, which 
was passed without opposition. On the second 
of July, Mr. Morgan, of New-York, from the 
Committee on Military Affairs, to which it had 
been referred, reported it back to the Senate. 

In the Senate, on the twenty-third of February, 

1865, Mr. "Wilson, from the Committee on Mili- 
tary Affairs, to whom it had been recommitted, 
reported back the House bill to increase the ef- 
ficiency of the medical corps of the army with- 
out amendment. It provided : That the medi- 
cal director of an army in the field consisting of 
two or more army corps, and the medical di- 
rector of a military department in which there 
were United States general hospitals containing 
four thousand beds or upward, should have the 
rank, pay, and emoluments of a colonel of cav- 
alry ; and that the medical director of an army 
corps in the field, or of a department in which 
there were United States general hospitals con- 
taining less than four thousand beds, should 
have the rank, pay and emoluments of a lieuten- 
ant-colonel of cavalry. This inci'eased rank and 
pay should only continue to medical officers 
while discharging such special duties ; and the 
assignments from time to time to such duty 
should be at least two thirds of them made from 
among the surgeons and assistant surgeons of 
volunteers. Mr. Hale desired to know what 



IS 



REBELLION RECORD, 1864. 



would be " the increased pay of these officers, 
and how many of them woukl be increased." 
Mr. AVilson repHed, that the medical director of 
an army in the field consisting of two or more 
corps, would be increased from a major to a 
colonel, and so with a medical director of a mil- 
itary department where there wer^ United States 
general hospitals containing four thousand beds 
and upward. Wherever there was an army con- 
sisting of more than one corps, the medical di- 
rector would be increased in rank. Some of the 
directors of large armies, after being in service 
for a long while — three years — were simply ma- 
jors, with the same rank and pay with which 
tlic}' entered the service, and a great many of 
our best surgeons were leaving the service. 
They had no opportunity for promotion. No 
service, no fidelity, brought them an increase of 
pay or any reward whatever. Many of them 
were leaving the service and returning home, and 
it was with the greatest difficulty that we were 
getting the necessary surgeons for the army ; and 
unless some action was taken, a great many of 
our best surgeons would leave the service. It 
was in the power of a good surgeon to render 
immense service to the country, and to save thou- 
sands and tens of thousands of dollars in the 
army and in the large departments and hospitals. 
Mr. Hale opposed the passage of the bill, and 
demanded the yeas and nays, and they were 
ordered on its passage — ^yeas, twenty-five ; nays, 
three. So the bill passed and was approved by 
the President on the twenty-fifth of February, 
1865. 

No. LXXX. — Army Register. 

In the House, on the eighteenth of February, 
Mr. Schenck, from the Committee on Military 
Affiiirs, reported a joint resolution authorizing 
and requiring the Secretary of War in connec- 
tion with the army register of I860, to cause 
to be printed and published a full roster of all 
general, field, line, and staff-officers of volun- 
teers who had been in the army during the re- 
bellion. It was passed without a division. 

In the Senate, the joint resolution was referred 
to the Committee on Military Aff"airs ; and on the 
twenty-second of February it was reported back 
by Mr. Wilson with amendments. The first 
amendment was to strike out all after the word 
"required," in the second line, to and including 
"si.xty-five," in line three, so that it would read: 
" That the Secretary of War be authorized and 
required to cause to be printed and published 
a full roster of all general, field, line, and staff- 
officers of volunteers." The amendment was 
agreed to. The second amendment was after 
the word " States," in the sixth line, to insert 
"at any time;" so that the clause would read, 
"who have been in the army of the United 
States at any time." The amendment was agreed 
to. The third amendment was after the word 
" rebellion," in the sixth line, to insert the word.s, 
"including all informal organizations which have 
been recognized or accepted and paid by the 
United States." The amendment was agreed to. 



The fourth amendment was to strike out in the 
tenth line, the word " fifty," and insert in lieu 
of it, "twenty-five," so that the clause would 
read, "an edition of twenty-five thousand copies." 
The amendment was agreed to. The fifth amend- 
ment, was after the word "binding," in the fif- 
teenth line, to strike out the words, " and .shall 
not in any case exceed one dollar per volume." 
The amendment was agreed to, and the resolu- 
tion as amended passed. The House concurred 
in these amendments, except the last one. The 
Senate, on motion of Mr. Wilson, receded from 
its fifth amendment. So the joint resolution 
was passed, and approved by the President on 
the second of March, 1865. 

No. LXXXI.— r/ie Bill for the letter Organi- 
zation of the Suhnistence Department. 
In the House, on the fifteenth of December, 
1864, Mr. Schenck, of Ohio, reported from the 
Committee on Military Affairs a bill for the bet- 
ter organization of the subsistence department, 
which was read twice and recommitted. On 
the eighteenth of February, 1865, Mr. Schenck 
reported back the bill with amendments, which 
were agreed to. The bill provided : That during 
the continuance of the rebellion, the Secretary 
of TVar might assign to each geographical mili- 
tary division, to each separate army in the field 
consisting of more than one arm}^ corps, to each 
military department, and to each principal sub- 
sistence depot, not exceeding ten in number, an 
officer of the subsistence department to act as 
chief commissary, and also an officer of the sub- 
sistence department as assistant in the office of 
the Commissary General of Subsistence, each of 
whom, while so assigned and acting, should have 
the rank, pay, and emoluments of a colonel of 
the subsistence department ; and, in like manner, 
might assign, for purposes of inspection or other 
special duty in the subsistence department, com- 
missaries of subsistence, not exceeding si.x in 
number, each of whom, while so assigned and 
acting, should have the temporary rank, pay, and 
emoluments of a lieutenant-colonel of the sub- 
sistence department ; and to each army corps an 
officer of the subsistence department, to be chief 
commissary of the corps, with the like rank of 
lieutenant-colonel ; and, in like manner, nii'rht 
assign to each division of two or more brigades a 
commissar}^, who, while so assigned and acting, 
should have the rank, pay, and emoluments of a 
major of the subsistence department : Provided, 
That when any one of said officers was relieved 
from such duty, his increased rank, pay, and 
emoluments, allowed because of such assignment, 
should cease, and he should return to his commis- 
sioned rank in the subsistence department: And 
provided farther, That the officers authorized to bo 
assigned b}'' the act should be selected from the 
commissaries of subsistence who held commis- 
sions or rank in the volunteer service onl}-. 

The second section provided that the Presi- 
dent might appoint, by and with the advice and 
consent of the Senate, as many commissaries of 
subsistence of volunteers, with the rank of cap- 



DOCUMENTS. 



10 



tain, as the exigencies of the service might re- 
quire. The bill, as amended, was passed with- 
out debate. 

In the Senate, on the twenty-second, Mr. Wil- 
son, from the Committee on Military Affairs, to 
whom it had been referred, reported back with 
amendments the House bill for the better organ- 
ization of the subsistence department. On the 
twent3^-third, the Senate, on motion of Mr. Wil- 
son, proceeded to consider the bill and the amend- 
ments reported by the Military Committee. The 
House bill excluded all army officers from the 
promotions provided for by the bill ; and the 
Committee reported an amendment, giving at 
least two thirds in each grade to commissaries 
in the volunteer service; and the amendment 
was agreed to. On motion of Mr. Trumbull, the 
second section authorizing the appointment of as 
many commissaries as the exigencies of the serv- 
ice might require M'as stricken out. The bill 
as amended was then passed without a division. 
On the eighteenth of March, Mr. Schenck 
moved to take from the Speaker s table the bill 
for the better organization of the commissary 
department. The motion was agreed to, and the 
amendments of the Senate non-concurred in. 
The Senate on the third, on motion of Mr. Wil- 
son, insisted on its amendments. The House in- 
sisted upon its disagreement, and asked a com- 
mittee of conference. The Senate, on motion of 
Mr. Wilson, agreed to a committee of confer- 
ence, and appointed Mr. Morgan, of New- York, 
Mr. Sprague, of Rhode Island, and Mr. Powell, 
of Kentucky, managers. Mr. Morgan, from the 
committee of conference, reported, that the pro- 
viso should read : That the officers authorized by 
the act should be selected for each grade from 
the commissaries of subsistence who held com- 
missions or rank in the volunteer service, and in 
the regular subsistence department, in propor- 
tion to the number of each of said classes re- 
spectively in service at the date of its passage. 
The report was concurred in. The House adopt- 
ed the report on motion of Mr. Schenck, and the 
bill was approved by the President on the third 
of March, 1865. 

No. LXXXII.— The Bill more effectually to 

provide for the National Defence hif EataJ)- 

lisMng a Uniform Militia throughout the 

United States. 

In the Senate, on the ninth of February, 1865, 
Mr. AVilson, of Massachusetts, introduced a bill 
to establish a uniform militia throughout the 
United States, which was read twice and referred 
to the Committee on Military Affairs. 

On the twenty-second of February, Mr. Wilson 
reported it back. It consisted of ten sections, 
and provided : 

1st. That every male citizen, or person who 
had declai'ed his intention to become such, be- 
tween twenty-one and fort^'-flve years of age, 
should be enrolled in the militia. 

2d. That the following should be enrolled but 
exempted, namely: The Vice-President, judicial 
and executive officers, members of Congress and 



officers, custom-house officers and clerks, in- 
spectors of exports, pilots, mariners in service, 
officers who had served three 3'ears in tlie army, 
navy, or militia, soldiers and sailors in the army 
or nav}', artificers or workmen in the armories, 
postmasters and assistants, post-officers, post- 
riders and stage-drivers in the service of the 
United States, ferrymen on post-roads, telegraph 
operators on duty, Quakers and Shakers, and all 
persons then or thereafter exempted from militia 
duty by State law. 

3d. Idiots, lunatics, common drunkards, vaga- 
bonds, paupers or criminals should not be al- 
lowed to serve. 

4th. Arranged the militia into divisions, bri- 
gades, regiments, battalions, companies, and bat- 
teries, and enumerates the rank and number of 
officers to be attached thereto, also the number 
of privates. 

5th. Established a militia bureau in the War 
Department for the carrying out of all laws per- 
taining to the militia. 

6th. Designated the title of the chief officer of 
such bureau, and defines his duty. 

7th. Secretary of War authorized to appoint 
clerks, and classify and pay them. 

8th. Assistant adjutant-generals were to be 
appointed in each State, and codpei-ate with chief 
of bureau, and defines their duties. 

9th. When the militia was called out or ac- 
cepted by the President, pay and pensions were 
to be the same as to the regular army. 

10th. Repeals certain acts relative to militia 
then in operation. 

No action was taken on this bill during the 
remainder of the session. 

No. LXXXIIT. — The Joint Resolution to en- 
courage the Employment of Disabled and Dis- 
charged Soldiers. 

In the Senate, on the fourteenth of February, 
1865, Mr. Wilson, from the Committee on Mili- 
tary Affairs, to whom was referred the petition 
of citizens of Boston, praying the enactment of a 
law preferring the appointment to all inferior 
offices of persons honorably discharged from the 
military or naval service, submitted a report and 
joint resolution to encourage the employment of 
disabled and discharged soldiers. The report 
set forth : That it was the imperative duty of the 
national and State governments to give the pre- 
ference for appointments in the various civil 
offices to persons who had been honorably dis- 
charged from the military or naval service of 
the United States, or who had suffered perman- 
ent disability while in the service, provided they 
possessed the qualifications necessary to prop- 
erly discharge the duties of such offices. The 
number of civil offices, however, in the various 
departments of the government, though large 
at present, bore but a small proportion to the 
number of persons who had honorably served 
their country in the field, and who had been dis- 
abled by wounds or disease incurred in the line 
of duty. The great mass of the men who had 
served the country in the army and navy must, 



80 



REBELLION RECORD, 1864. 



of necessity, cnj^agc again in the varied avoca- 
tions of civil life. While it was, therefore, the 
duty of the national government, in its civil ap- 
pointments, to give the preference to men who 
had been maimed by wounds, or broken by dis- 
ease, it was the sacred duty of bankers, mer- 
chants, manufacturers, mechanics, farmers, and 
business men in all the various avocations, to 
give the preference in all industrial pursuits to 
soldiers who had been honorabl}'' discharged from 
the service of tlieir country. The joint resolu- 
tion declared that persons honorably discharged 
from the military or naval service by reason of 
disability resulting from wounds or sickness in- 
curred in the line of duty, should be preferred 
for appointments to civil offices, provided they 
should be found to possess the business capacity 
necessary for the proper discharge of the duties 
of sucli offices ; that, in grateful recognition of 
the services, sacrifices, and sufferings of persons 
honorably discharged from the military and 
naval service by reason of wounds, disease, or 
the expiration of terms of enlistment, it was 
respectful!}' recommended to bankers, merchants, 
manufacturers, mechanics, farmers, and persons 
engaged in industrial pursuits, to give them the 
preference for appointments to I'emunerative sit- 
uations and employments. 

On the twenty-third of March, on motion of 
Mr. Wilson, the joint resolution was taken up, 
and it passed without division in both Houses, 
and was approved by the President on the third 
of March, 1865. 

No. LXXXIY.—The Bill to provide for a Chief 
of Staff to the Lieutenant-General Command- 
ing the Ar77iies of the United States. 
In the Senate, on the twenty-fifth of February, 
1865, Mr. Wilson introduced a bill to provide for 
a chief of staff to the Lieutenant-General com- 
manding the armies of the United States, which 
was read twice, and referred to the Military 
Committee. On the first day of March, Mr. 
Wilson reported it back without amendment. 
By unanimous consent, the Senate proceeded to 
consider the bill, which provided that the Presi- 
dent of the United States might, by and with 
the advice and consent of the Senate, appoint a 
chief of staff to the Lieutenant-General com- 
manding the armies of the United States, who 
should have the rank, pay, and emoluments of a 
brigadier-general in the United States army. It 
was passed without debate or opposition. On 
the second of March, the House, on motion of 
Mr. Schenck, took the bill from the Speaker's 
table, and passed it without opposition. It was 
approved by the Pi-esident on the third of March, 
1865. 

No. LXXXV. — The Joint Resolution tendering 
the Thanhs of Congress to Major-Oeneral 
George IL Thomas^ and the Army imder his 
Command. 

In the House, on the nineteenth of January, 
1805, Mr. Co.x, of Ohio, introduced a joint reso- 
lution, tendering the thanks of Congress to Major- 



General George II. Thomas and the army unde 
his command, which was read twice, and referred 
to the Military Committee. On the twentieth, 
Mr. Garfield, of Ohio, reported it back, with an 
amendment in the nature of a substitute. The 
amendment proposed by tlie Military Committee 
was, to strike out all after the word " resolved," 
and insert : " Tiiat the thanks of Congress be 
tendered to Major-General II. Thomas, and the 
officers and soldiers under his command, for 
their skill and dauntless courage, by which the 
rebel army under General Hood was signally 
defeated and driven from the State of Tennes- 
see." The amendment was agreed to, and the 
resolution as amended passed. 

In the Senate, on the eleventh of February, 
Mr. Wilson, from the Committee on Military 
Affairs, to whom it had been referred, reported 
back the joint resolution, tendering the thanks 
of Congress to Major-General Thomas, without 
amendment. On the twentieth, Mr. Brown, of 
Missouri, called up the resolution, and proposed 
an amendment, tendering the thanks of Congress 
to Ilear-Admiral S. P. Lee. The amendment 
was received and ordered to be printed. On the 
twenty-first, the Senate, on motion of Mr. Wil- 
son, proceeded to consider the joint resolution. 
On motion of Mr. Brown, it was amended, by 
adding that the thanks of Congress be tendered 
to Captain S. Phillips Lee, and to the officers and 
seamen under his command, for the skill, gallant- 
ry, and good conduct exhibited by them in co- 
operation with the land forces under command 
of Major-General Thomas in the great and de- 
cisive victories in Tennessee. The resolution as 
amended was then passed. 

On the third of March, Mr. Schenck, from the 
Committee on Military Affairs, reported back the 
joint resolution, with a recommendation that the 
amendment tendering the thanks of Congress to 
Captain Lee be not concurred in ; and the amend- 
ment was not agreed to. 

The Senate, on motion of Mr. Brown, receded 
from its amendment, and the joint resolution was 
passed, and was approved by the President on 
the third of March, 1865. 

No. LXXXYl—The Bill for the Better Organi- 
zation of the Pay Department of the Army. 
In the Senate, on the thirtieth of January, 
1865, Mr. Wilson introduced a bill for the better 
organization of the pay department of the army, 
which was read twice, and referred to the Mili- 
tary Committee. On the ninth of February, Mr. 
Wilson reported it back without amendment. It 
provided that the Paymaster-General should have 
the rank, pay, and emoluments of brigadier-gen- 
eral. That there should be added to the pay 
department two assistant paymaster -generals, 
who should be ex-offcio inspector-generals of 
the department, with the rank, pay, and emolu- 
ments of colonels of infantry. That the appoint- 
ments to these offices should be made by selec- 
tion from the officers of the pay department, 
including the additional paymasters and the 
chief clerk, and who should have had at least 



DOCUMENTS. 



81 



two years' service. That the assistant and dep- 
uty paymaster-generals should give bonds. That 
vi^henever a pay district should be established, 
for the charge of which no assistant or deputy 
paymaster-general should be available as chief, 
the Secretary of "War might detail any paymaster 
or additional paymaster to do the duties of such 
chief; and during the continuance of such de- 
tail, the officer so detailed should have the rank, 
pay, and emoluments of a deputy paymaster- 
general. That the Secretary of War should 
have authority to detail officers of the pay de- 
partment for duty as inspectors of such depart- 
ment, not exceeding four at any one time. 

On the twenty-fourth, Mr. Sprague, from the 
Committee on Military Affiilrs, to whom the bill 
had been recommitted, reported it back without 
amendment, and on his motion, the Senate pro- 
ceeded to consider it. Mr. Sprague moved to 
amend the third section, so that two thirds of 
the appointments should be from the volunteer 
paymasters, and the amendment was agreed to. 
On Mr. Sprague's motion, it was further amend- 
ed, so that the provisions of the act should con- 
tinue to the end of the war and one year there- 
after. On the first of March, the Senate pro- 
ceeded further to consider the bill, and after de- 
bate it was passed over and not again taken up. 
It was twice moved by Mr. Sprague as an amend- 
ment, but fiiiled. 

No. LXXXVir. — The Bill to incorporate the 
National Military and Naval Asylum. 
In the Senate, on the twenty-eighth of Febru- 
ary, 1865, Mr. Wilson, from the Committee on 
Military Affiiirs, reported a bill to incorporate a 
national, military, and naval asylum for the re- 
lief of the totally disabled officers and men of 
the volunteer forces of the United States, which 
was read twice. The bill provided : That General 
Grant, Admiral Farragut, Vice-President Ham- 
lin, Andrew Johnson, Vice-President elect, Chief- 
Justice Chase, Mr. Stanton, Secretary of War, 
and Mr. Welles, Secretary of the Navy, and 
ninety-three other eminent citizens of the coun- 
try should be a body corporate for the purposes 
of the act. That the corporation should consist 
of one hundred members, and have power to fill 
all vacancies created by death, resignation, or 
otherwise, and to make by-laws, rules, and regu- 
lations. That the business of the corporation 
should be managed by a board of twelve direct- 
ors, a president, two vice-presidents, and a sec- 
retary. That the board of directors should have 
authority to procure a site for a military asylum 
for officers and men of the volunteer forces of the 
United States, who had been or might thereafter 
be totally disabled by wounds received or sick- 
ness contracted while in the line of their duty 
during the rebellion. That for the establish- 
ment and support of this asylum, *here should 
be appropriated all stoppages or fines adjudged 
against volunteer officers, soldiers, or seamen, 
by sentence of courts-martial or military com- 
mission, all forfeitures on account of desertion 
from the volunteer service, and all moneys due 
Vol, IX.— Doc. 6 



deceased volunteer officers, soldiers, or seamen, 
which then were or should be unclaimed for three 
years after the death of such officers, soldiers, or 
seamen, and all donations of money or property 
by any person or persons for the benefit of the 
asylum. That the selection of the site for the 
asylum, and the plan of the buildings, and the 
rules for the general and internal direction of 
the asylum should be made by the directors ; 
but no selection of a site for the asylum, or 
adoption of any plan of buildings, should bo 
agreed upon until after the sum of half a million 
of dollars should have been first subscribed or 
donated, and paid into the treasury of said cor- 
poration. That the officers of the asylum should 
consist of a governor, a deputy governor, a sec- 
retary, and a treasurer; and such officers should 
be appointed from the pensioned officers of the 
volunteer force. That all volunteer officers, sol- 
diers, and seamen, who had served during the 
rebellion, who had been totally disabled by 
wounds received or sickness contracted in the 
line of their duty, should be entitled to the 
benefits of the asylum. That the directors 
should make an annual report of the condition 
of the asylum to the War Department, which 
should be communicated to Congress. That all 
inmates of the asylum should be made subject 
to the rules and articles of war, and be governed 
thereby as if they were in the army or navy. 

On the first of March, in the Senate, on mo- 
tion of Mr. Wilson, the bill was taken up, and 
on motion of Mr. Hale amended, so that Congress 
might thereafter alter, amend, or repeal the act; 
and further amended, on motion of Mr. Hen- 
dricks, so as to make it a corporate body in the 
District of Columbia. It was then passed as 
amended. In the House, on the second of 
March, the bill was taken from the Speaker's 
table and passed. It was approved by the 
President on the third of March, 1865. 

No. LXXXVIII. — TTie Bill to amend the several 
Acts heretofore passed to provide for the En' 
rolling and Calling out the National Forces. 
In the Senate, on the twenty -fourth of January) 
1865, Mr. Wilson, of Massachusetts, introduced 
a bill in addition to the several acts for enrolling 
and calling out the national forces, and for other 
purposes, which was read twice, and referred to 
the Committee on Military Affairs. On the thir- 
tieth, Mr. Wilson reported it back with an amend- 
ment as a substitute. This substitute declared : 
That any person enrolled and liable to be draft- 
ed, might be accepted as a substitute for a draft- 
ed person. That no person owing military serv- 
ice should be exempted from liability on account 
of furnishing a substitute for the navy, unless 
the substitute was presented in person to the 
board of enrolment, and was accepted by the 
board. 

That any recruiting agent, substitute broker, 
or other person, who should enlist as a volunteer 
or substitute any insane person, or a person in a 
condition of intoxication, or a deserter from the 
military or naval service, knowing him to be 



82 



REBELLION RECORD, lSr.4. 



such, or who should defraud or deprive any vol- 
unteer or substitute of any portion of the State, 
local, or United States bounty, should be fined 
not exceeding one thousand dollars, or imprison- 
ed not exceeding two years, or both, at the dis- 
cretion of a court-martial or military commission. 

That any officer who should muster into the 
military or naval service of the United States, 
any deserter fi'om the service, or insane person, 
or person in a condition of intoxication, knowing 
him to be such, should be dishonorably dismissed 
the service. 

That all State and local bounties should be 
paid in instalments, one third at the time of mus- 
ter into service, one third at the expiration of 
half the term of service, and one third at the ex- 
piration of the term of service. 

That the remainder of the term of service of 
any person who should thereafter enter the mili- 
tary or naval service as a volunteer or drafted 
man, and should desert therefrom, should be 
added to the amount of service due from the dis- 
trict to which such volunteer or drafted man 
should have been credited. 

That, in addition to the other lawful penalties 
of the crime of desertion, all persons who had 
deserted the military or naval service, who should 
not return to the service within sixty days, should 
be deemed to have voluntarily relinquished and 
forfeited their rights of citizenship and their 
rights to become citizens ; and such deserters 
should be for ever incapable of holding any office 
of trust or profit under the United States, or of 
exercising any of the rights of citizens ; and all 
persons who should hereafter desert the military 
or naval service should be liable to these penal- 
ties. 

That the President be authorized and required 
to issue his proclamation setting forth these pro- 
visions. 

On the sixth of February, the Senate, on mo- 
tion of Mr. Wilson, proceeded to consider the 
bill, the pending question being on the substitute 
reported by the Committee on Military Affairs. On 
motion of Mr. Hendricks, of Indiana, the fifth 
section, relative to State and local bounties, was 
stricken out. Mr. Willey, of West-Virginia, 
moved to add a section, discharging any soldier 
I>elonging to any regiment or organization mus- 
tered out of the service, who enlisted under a 
promise given by the recruiting officer or by the 
governor or adjutant-general of the State; that 
the enlistment should only be for the unexpired 
term of the regiment or other organization. The 
amendment was supported by Mr. Willey, Mr. 
Hendricks, and Mr. Grimes, and opposed by Mr. 
Wilson, Mr. Brown, and Mr. Conness, and re- 
jected. 

Mr. Buckalew, of Pennsylvania, moved to re- 
peal the act allowing the executives of States to 
send recruiting agents into the States declared in 
rebellion. The motion was supported by Mr. 
Saulsbury, Mr. Buckalew, Mr. Grimes, Mr. Sher- 
man, Mr. Davis, Mr. Ten Eyck, and Mr. Powell, 
and opposed by Mr. Wilson, and Mr. Sumner ; 
and agreed to — yeas, twenty-eight ; nays, twelve. 



On motion of Mr. Conness, the bill was amended, 
so that any recruiting agent, substitute broker, 
or other person liable to punishment for enlist- 
ing an insane or drunken person, should do so 
"for pay or profit." Mr. Cowan, on the seventh, 
moved to amend the bill by striking out the 
words, " court-martial or military commission," 
and inserting, " courts of the United States, 
having competent jurisdiction," so that recruiting 
agents and substitute brokers should be tried by 
the civil rather than the military tribunals. The 
amendment was agreed to — yeas, twenty-nine ; 
nays, fourteen. Mr. Lane, of Kansas, moved to 
repeal all laws allowing substitutes for drafted 
persons ; lost — yeas seven ; nays, thirty-one. 
Mr. Hendricks moved to exempt the heads of 
executive departments, judges, and members of 
Congress — yeas, nine ; nays, twenty-seven. Mr. 
Davis moved that before another draft there 
should be a new enrolment ; but the motion was 
lost — yeas, eleven ; nays, twenty-three. The 
bill was then passed without a division. 

In the House, on the sixteenth of January, 
Mr. Schenck, from the Committee on Military Af- 
fairs, reported a bill to amend the several acts 
relating to enrolment and draft, which was read 
twice, and recommitted to the Committee. On 
the seventeenth of February, the bill which had 
been reported on the nineteenth of January, was 
ordered to be printed with the amendments pre- 
pared to be reported. On the twenty-first, the 
House proceeded to consider the bill. It consisted 
of fourteen sections, and provided : That it should 
be the duty of every person liable to be enrolled 
to report himself in person or by letter to the 
enrolling board of his district. 

That all persons mustered into the military or 
naval service should be credited to the State, and 
to the ward, township, precinct, or other enrol- 
ment sub-district where such persons belonged 
by actual residence. 

That, in computing quotas, credit should be 
given to the several districts and sub-districts for 
all men furnished from them during the rebel- 
lion, for any period of service of not less than 
three months, calculating the number of days for 
which such service was furnished, and reducing 
the same to years. 

That no person of foreign birth who had re- 
sided in the United States for three years pre- 
ceding his arriving at the age of twenty-one 
years, and whose father was subject to enrol- 
ment, should be exempted fi"om enrolment on 
account of being an alien. 

That in every case of actual desertion by a 
substitute, if such person so deserting should 
have been, since the passage of this act, mustered 
into the service as a substitute for a person liable 
to draft, the name of such person so liable to 
draft should be again placed upon the list, and 
he should be liable to be drafted for the unexpired 
term of service of such substitute so deserting. 

That provost-marshals should be allowed the 
same commutation for fuel and quarters as was 
allowed to other officers, ranking as captains of 
cavalry ; but the provost-marshal surgeon and 



DOCUMENTS. 



83 



commissioner, constituting the enrolling board, 
should not be allowed mileage, but only trans- 
portation in kind. 

That there should be appointed by the Presi- 
dent an assistant provost-marshal general for 
each State, who should have the rank, pay, and 
emoluments of a lieutenant-colonel of cavalry. 

That it should not be lawful for any person to 
engage in the business of procuring recruits or 
substitutes as an agent, substitute broker, or 
otherwise, for money or profit, without having 
first obtained from the Secretary of War author- 
ity in writing. 

That any recruiting agent, substitute broker, 
or other person, who, for pay or profit, should 
enlist, or caused to be enlisted, as a volunteer or 
substitute, any insane person, or convict, or per- 
son under indictment for a felony, or person in a 
condition of intoxication, or a deserter, should, 
upon conviction by any court-martial, be dis- 
honorably dismissed the service. 

That, in addition to the other lawful penalties 
of the crime of desertion, all persons who had 
deserted, who should not return to service within 
sixty days after the passage of this act, should 
be deemed to have voluntarily relinquished and 
forfeited their rights of citizenship and their 
rights to become citizens. 

The bill was further considered on the twenty- 
third, twenty-fourth, twenty-fifth, twenty-sixth, 
and twenty-seventh, modified and amended in 
several particulars, and passed — yeas, eighty- 
three ; nays, forty-six. On the twenty-eighth, 
it was read twice in the Senate, and referred to 
the Committee on Military AfRiirs. On the first 
of ^laich, Mr. Wilson reported it back with 
amendments. 

In the House, on the eighteenth of February, 
Mr. Schenck, from the Committee on Military Af- 
fairs, reported a joint resolution declaring and 
defining the law in relation to officers' servants. 
The joint resolution declared the meaning of 
all provisions of law relating to soldiers employed 
by officers as servants to be: That, for every sol- 
dier thus employed by any officer, there should 
be deducted from the monthly pay of such offi- 
cer the full monthly pay and allowances of the 
soldier so employed ; that no officer should be 
allowed any greater number of servants than 
provided by law, nor be allowed for any servant 
not actually in his employment ; that the mea- 
sure of allowance for pay to officers' servants 
was the pay of a private soldier, and that no non- 
commissioned officer should be detailed or em- 
ployed to act as a servant ; nor should any pri- 
vate soldier be so detailed or employed, except 
with his own consent. The joint resolution was 
passed without a division. 

In the Senate, on the twentieth, the joint re- 
solution was referred to the Military Committee, 
and on the twenty-third, Mr. Wilson reported it 
back without amendment. 

On the second of March, the Senate proceeded 
to consider the joint resolution. Mr. Wilson 
moved to strike out all of the original resolu' 
tion, and insert : 



That the measure of allowance for pay for an 
officer's servant is the pay of a private soldier, as 
fixed by law at the time ; that no non-commis- 
sioned officer shall be detailed or employed to act 
as a servant, nor shall any private soldier be so 
detailed or employed except with his own con- 
sent ; that for each soldier emploj^ed as a servant 
by any officer, there shall be deducted from the 
monthly pay of such officer the full monthly pay 
and allowances of the soldier so employed ; and 
that, including any soldier or soldiers so em- 
ployed, no officer shall be allowed for any greater 
number of servants than is now provided by law, 
nor be allowed for any servant not actually and 
in fact in his employ. That non-commissioned 
officers and privates in the volunteer service shall 
receive the same amount of clothing as non-com- 
missioned officers and privates of the same arm of 
the regular army. That, if a soldier, discharged 
for wounds received in battle, die before receiving 
the bounty, provided by the act of March third, 
1863, the bounty due shall be paid to the follow- 
ing persons, and in the order following, and to no 
other person, to wit : first, to the widow of such 
deceased soldier, if there be one ; second, if there 
be no widow, then to the children of such de- 
ceased soldier, share and share alike ; third, if 
such soldier left neither a widow, nor child nor 
children, then, and in that case, such bounty 
shall be paid to the following persons, provided 
they be residents of the United States, to wit : 
first, to his father ; or, if he shall not be living, 
or has abandoned the support of his family, then 
to the mother of such soldier, and if there be 
neither fiither nor mother, then such bounty shall 
be paid to the brothers and sisters of the deceased 
soldier. That every non-commissioned officer, pri- 
vate, or other person, who has been, or shall here- 
after be, discharged from the army by reason of 
wounds received in battle, on skirmish, on picket, 
or in action, or in the line of duty, shall be en- 
titled to receive the same bounty as if he had 
served out his full term. That all persons Of color, 
who were enlisted and mustered into the military 
service of the United States in South-Carolina, by 
and under the direction of Major-General Hunter 
and Brigadier-General Saxton, in pursuance of the 
authority from the Secretary of War, dated Au- 
gust twenty-fifth, 1862, "that the persons so re- 
ceived into service, and their officers, to be entitled 
to and receive the same pay and rations as are al- 
lowed by law to other volunteers in the service;" 
and in every case where it shall be made to appear 
to the satisfaction of the Secretary of War that 
any regiment of colored troops has been mustered 
into the service of the United States, under any 
assurance by the President or the Secretary of 
AVar, that the non-commissioned officers and pri- 
vates of such regiment should be paid the same 
as other troops of the same arm of the service, 
shall, from the date of their enlistment, receive 
the same pay and allowances as are allowed by 
law to other volunteers in the military service ; 
and the Secretary of War shall make all neces- 
sary regulations to cause payment to be made in 
accordance therewith. 



84 



REBELLION RECORD, 1864. 



That the President is authorized to enlist or 
organize out of troops already in the service, six 
regiments of volunteer engineers. 

That the President is authorized to enlist two 
additional companies, to be added to the regi- 
ment of volunteer engineers, raised under the 
provisions of an act approved May twentieth, 18G4; 
and the regiment shall be considered one of the 
regiments authorized in the preceding section of 
this act. 

That, whenever a regiment in the regular army 
is reduced below the minimum number, no oflficer 
shall be appointed in such regiment beyond those 
necessary for the command of such reduced num- 
ber. 

That " acting assistant surgeons " and " con- 
tract surgeons," while in the military service of 
the United States, shall be exempt from all lia- 
bility to be drafted. And the amendment was 
agreed to. On motion of Mr. Trumbull, the re- 
solution was amended by adding as a new sec- 
tion: That officers by brevet in the regular army 
shall receive the same pay and allowances as 
brevet officers of the same grade or rank in the 
volunteer service, and no more. Mr. Sprague 
moved to amend it by adding an amendment in 
seven sections, to reorganize the pay department 
of the army ; but it was rejected — yeas, ten ; 
nays, nineteen. On motion of Mr. Lane, of Kan- 
sas, the resolution was amended so that, when- 
ever the head of any bureau in the War Depart- 
ment accepted any position of a higher rank than 
that provided for by law, then he should be deemed 
as having vacated his position, and should be 
subject to detail for field and other duty. It was 
further amended, on the motion pf Mr. Buckalew, 
by adding: "That where any revised enrolment 
in any congressional or draft district has been ob- 
tained or made prior to any actual drawing of 
names from the enrolment districts, the quota of 
such district may be adjusted and apportioned to 
such revised enrolment, instead of being applied 
to, or based upon the enrolment, as it may have 
" stood before revision." On motion of Mr. Grimes, 
the resolution was amended by adding, as a new 
section : That no person owing military service 
should be exempted from liability to perform the 
same on account of furnishing a substitute for 
the navy, unless the substitute was presented in 
person to the board of enrolment by which the 
principal was enrolled. The joint resolution, as 
amended, was then passed. 

In the House, on the third of March, Mr. 
Schenck, from the Military Committee, reported 
back the joint resolution, with an amendment to 
the Senate amendment ; and the House proceeded 
to consider the resolution and the amendments. 
Mr. Schenck explained the proposed amendments. 
The Senate amendments provided that brevetted 
officers of the regular army should be placed on 
the same footing as brevetted officers of the vol- 
unteeers that were not allowed increased pay on 
account of brevet rank. The Military Commit- 
tee of the House proposed so to amend it as to 
allow increased pay for brevet rank for regular 
and volunteer officers. The Military Committee 



reported in favor of authorizing the War Depart- 
ment to transfer officers from one branch of the 
service to another, and the Committee also report- 
ed in favor of repealing the seventeenth section 
of the act of the seventeenth of July, 18G2, au- 
thorizing the President to dismiss officers with- 
out the sentence of court-martials. The Commit- 
tee reported in favor of amending the Senate 
amendments by adding several sections of the 
bill passed by the House amendatory of the en- 
rolment acts. On motion of Mr. Farnsworth, the 
twelfth section of the Senate amendment, intro- 
duced by Mr. Lane, of Kansas, which would have 
required the removal of General Meigs from the 
quartermaster's department, was stricken out. 
Mr. Holman moved an amendment to muster out 
soldiers with their regiments or batteries who 
were enlisted in 1862 and 1863, with assurances 
that they were only to fill the unexpired term of 
their regiments or batteries ; and the amendment 
was agreed to — yeas, ninety-one ; nays, thirty- 
one. Several amendments to the Senate amend- 
ment were agreed to, and the Senate amendment 
as amended was adopted. The Senate non-con- 
curred in the House amendments, asked a com- 
mittee of conference, and appointed Mr. Wilson, 
Mr. Howard, and Mr. Buckalew managers. The 
House agreed to the conference, and appointed 
as managers on the part of the House Mr. Gar- 
field, of Ohio, Mr. Odell, of New-York, and Mr. 
Scofield, of Pennsylvania. 

In the House, Mr. Garfield made a report from 
the conference committee. He stated that " the 
House passed, a few days ago, a joint resolution 
defining the pay of officers' servants. That joint 
resolution went to the Senate, and in its place a 
bill of thirteen sections was substituted. The 
House took that bill of thirteen sections, adopted 
the first eight, cut off the remaining five, and 
added twenty-three sections of its own. There 
were thirty points of difference between the two 
Houses. The House receded from six ; the Sen- 
ate receded from twenty-two ; and in place of the 
two others, substitutes were agreed on by the 
committee. I will only mention the points on 
which the House receded, and the two modified 
sections, as being of interest to us. 

" First, in reference to bounties. The House 
section was modified so that bounties should be 
paid to the heirs of soldiers who were killed in 
battle, though they had not served two years ; 
and such bounties should only go to their widow, 
or, if there be no widow, to their children, but shall 
not go to the legal heirs generally. The Senate 
refused to agree with the House amendment re- 
pealing section seventeen of the act of July sev- 
enteenth, 1862, authorizing the President sum- 
marily to dismiss officers from the arm}'', navy, 
or marine corps. But the managers of tlie con- 
ference on the part of tl)c House proposed a sub- 
stitute for the repealing section, by M-hich the 
power of dismissal is limited and regulated. The 
President may still dismiss an officer ; but he is 
required, on application, setting forth under oath 
that the dismissal was unjust, to order a trial of 
the officer by court-martial on the charges on 



DOCUMENTS. 



85 



which he was dismissed. If such trial is not had 
within six months after the application was made, 
the dismissal is made void. The section of the 
House amendment to provide for the transfer of 
oflScers from one corps to another, from one arm 
of the service to another, and from the volunteer 
service to the regular service, the House recede 
from. 

" The section in regard to declaring foreigners 
liable to draft the House recede from, it being of 
doubtful constitutionality. 

"The section in regard to increasing the pay of 
provost-marshals and enrolling officers the House 
recede from. 

" The section in regard to substitute brokers 
being authorized by the Secretary of "War, the 
House recede from, believing that in other sec- 
tions of the bill the country is sufficiently pro- 
tected from the evils of the substitute broker sys- 
tem, 

" The last section of the bill, in regard to mus- 
tering out enlisted men who went into the serv- 
ice to fill up old regiments, we receded from, not, 
however, until we were satisfied that the Senate 
could not be induced to recede from their posi- 
tion, although adhering might involve the failure 
of the whole bill. The managers on the part of 
the Senate said that the Secretary of "War had in- 
formed them that if this provision were adopted, 
it would take forty-five thousand men immedi- 
ately from the field, and thus very much im- 
pair the efficiency of the army on the eve of a 
great campaign. In view of all the circumstances, 
the Committee recommend that the House recede 
from that amendment.'' Mr. Le Blond, of Ohio, 
demanded the yeas and nays on the acceptance 
of the report, and they were ordered, and being 
taken, resulted — yeas, seventy -one ; nays, fifty- 
seven ; so the report was agreed to. 

In the Senate, Mr. "Wilson, from the commit- 
tee of conference, made a report, which, after de- 
bate, was agreed to without a division. The title 
of the joint resolution was changed so as to read, 
"An act to amend the several acts heretofore 
passed to provide for the enrolling and calling 
out of the national forces and for other purposes ;" 
and it was approved by the President on the third 
of March, 1865. 

No. LXXXIX. — The Bill making Appropria- 
tions/or the Support of the Army for the year 
ending June thirtieth, 1866, ancZ/or other pur- 



In the House, on the seventeenth of January, 
1865, Mr. Stevens, from the Committee of Ways 
and Means, reported a bill making appropriations 
for the support of the army for the year ending 
June thirtieth, 1866. On the seventh of Febru- 
ary, the bill, on motion of Mr. Stevens, was taken 
up, and Mr. Wilson, of Iowa, moved to amend it 
by adding a proviso : That no money appropriated 
by the act should be paid for the purpose of pay- 
ing any railway company for the transportation 
of property or. troops of the United States where 
such company might have accepted a grant of 
lands from Congress upon condition of furnishing 



said transportation free of toll or other charge, 
except in such cases as had been modified by act 
of Congress. After debate, the amendment was 
agreed to, and the bill as amended passed the 
House. 

In the Senate, the bill was referred to the Com- 
mittee of Finance, and the Committee reported in 
favor of striking out the proviso forbidding the 
payment of any of the money appropriated by 
the bill for the transportation of troops over the 
land grant railroads. The Senate, on the eigh- 
teenth, proceeded to the consideration of the bill, 
and Mr. Cowan moved to amend the proviso so 
as to leave the subject to future adjustment be- 
tween the Government and the railroads. After 
debate, in which Mr. Sherman, Mr. Johnson, Mr. 
Howard, Mr. Wilson, Mr. Trumbull, Mr. Cowan, 
Mr. Henderson, and Mr. Grimes participated, the 
proviso and amendment were informally passed 
over. Mr. Wilson moved to amend the bill by 
adding as a new section. That from and after the 
first day of March, 1865, and during the continu- 
ance of the rebellion, the commutation price of 
officers' subsistence should be fifty cents per ra- 
tion ; but the increase should not apply to the 
commutation price of the rations of any offi- 
cer above the rank of brevet brigadier-general, or 
of any officer entitled to commutation for fuel or 
quarters ; and the amendment was agreed to. 
Mr. Wilson then moved to amend by adding as a 
new section : That thereafter, during the continu- 
ance of the rebellion, there should be no deduc- 
tions made from, or income tax levied upon, the 
salary of any officer in the military or naval serv- 
vice ; and all acts or parts of acts inconsistent 
therewith were thereby repealed. Mr. Sherman 
opposed the amendment, stating that it would be 
pertinent to the income tax bill, and Mr. Wilson, 
at the suggestion of several senators, withdrew 
it. Mr. Wilson then moved to add a new section 
providing that all officers of volunteers below the 
rank of brigadier-general, who should continue 
in the military service to the close of the war, 
should be entitled to receive, upon being mustered 
out of said service, three months' pay proper. 
Mr. Howe moved to amend it by inserting "now 
in commission" after the word "volunteers ;" and 
the motion was agreed to. The amendment as 
amended was adopted — yeas, twenty-four ; nays, 
not counted. Mr. Wilson moved to add as anew 
section, That commissioned officers of the army, 
serving in the field, should thereafter be permitted 
to purchase rations for their own use, on credit, 
from any commissary of subsistence, at cost prices, 
and the amount due for rations so purchased 
should be reported monthly to the Paymaster- 
General, to be deducted from the payment next 
following such purchase ; and it was agreed to. 
Mr. Wilson moved further to amend the bill by 
adding as a new section, " That the President may 
appoint, in addition to the number of cadets here- 
tofore authorized by law, from among the orphan 
children of officers or soldiers who have been 
or may be killed in battle, or who have died or 
may die of disease incurred in the line of duty 
during the present rebellion, two cadets for each 



86 



REBELLION RECORD, 1864. 



State represented in Conj^ress, who shall be actual 
residents of the State for which they may be ap- 
pointed ; and fifty cadets, to be appointed from 
the military forces of the United States, rej^ular 
and volunteer, who shall have served for a period 
of not less than nine months." Tlic amendment 
was oi)posed by Mr. Sherman and Mr. Howard, 
and rejected. 

Mr. Wilson then moved to add a new section 
providing : That the Secretary of War be author- 
ized and directed to cause tobacco to be furnished 
to the enlisted men of the army at cost prices, ex- 
clusive of the cost of transportation, in such quan- 
tities as they may require, not exceeding sixteen 
ounces per month, and the amount due therefor 
should be deducted from their pay in the same 
manner as provided for the settlement of clothing 
accounts ; and it was agreed to. Mr. Sprague 
moved to amend the bill by adding six new sec- 
tions organizing the pay department of the army; 
but it was rejected. The amendment to strike out 
the proviso forbidding the payment of any of the 
money appropriated to land grant railroads was 
again taken up, the pending question being on 
Mr. Cowan's amendment to it. After further de- 
bate, the vote was taken on Mr. Cowan's amend- 
ment, and it was lost — yeas, nine ; nays, twent}^- 
seven. The vote was then taken on striking out 
the proviso, and it was agreed to — yeas, thirty ; 
nays, five. On motion of Mr. Trumbull, the bill 
was further amended — yeas,tifteen ; nays, twelve — 
by adding as a new section : " That all laws and 
parts of laws, or regulations of the War Depart- 
ment, M'hich give additional pay or rank to offi- 
cers of the regular army over officers in the vol- 
unteer service of the same rank, are hereby re- 
pealed." The bill as amended was passed with- 
out a division. 

In the House, on the twenty-seventh of Febru- 
ary, on motion of Mr. Stevens, the bill was taken 
up, and the Senate amendments, excepting the 
amendment authorizing the Secretarj'' of War to 
furnish tobacco to the soldiers, were non-concur- 
red in. 

The Senate, on motion of Mr. Sherman, insist- 
ed upon its amendments, asked a committee of 
conference, and appointed Mr. Cowan, Mr. Wil- 
son, and Mr. Carlisle conferees. The House 
agreed to the committee of conference, and the 
Speaker appointed Mr. Wilson, of Iowa, Mr. Stev- 
ens, of Pennsylvania, and Mr. James C. Allen, of 
Illinois, managers. Mr. Wilson was excused from 
serving on the committee, and Mr. AYashburne, 
of Illinois, was appointed. 

On the first of March, Mr. Cowan, from the 
committee of conference, reported that the com- 
mittee had recommended that the Senate recede 
from their fourth amendment. That the House 
of Representatives recede from their disagreement 
to the second and third amendments of the Sen- 
ate. That the Senate recede from their disagree- 
ment to the amendment of the House to the sixth 
amendment of the Senate, and agree to the same. 
That the House recede from their disagreement 
to the first amendment of the Senate, and agree 
to the same with amendments, as follows : In 



line three of said amendment to strike out the 
words "any railroad," and insert in lieu thereof 
the words, " the Illinois Central Railroad ;" and 
to strike out all of .said amendment after the word 
" States" in line five ; and that the Senate agree 
to the same as so modified. Mr. Trumbull op- 
posed the acceptance of the report, and after de- 
bate, the vote was taken, and it was non-concur- 
red in — yeas, thirteen ; nays, twenty-nine. On 
motion of Mr. Trumbull, the Senate further in- 
sisted on its amendments, asked a further con- 
ference, and appointed Mr. Trumbull, Mr. Far- 
well, and Mr. Powell conferees. The House 
agreed to a committee of conference, and the 
Speaker appointed Mr. Wilson, of Iowa, Mr. Hol- 
man, of Indiana, and Mr. Davis, of New-York, 
managers. 

On the third of March, Mr. Wilson, from the 
committee of conference, made a report to the 
House recommending the same action as the for- 
mer committee of conference, excepting the amend- 
ment in regard to land grant railroads, on which 
the committee would not agree. On motion of 
Mr. Wilson, the House, by a vote of seventy-nine 
to sixty-one, agreed to the Senate amendment 
striking out the proviso relating to railroads, with 
an amendment providing that no money appro- 
priated by the act should be used for the purpose 
of paying the Illinois Central Railroad Company 
for the transportation of the property or troops 
of the United States. The House voted to agree 
to the report of the committee of conference on 
the disagreeing votes of the two Houses. In the 
Senate, Mr. Trumbull made a report, which was 
concurred in. Mr. Trumbull then moved that 
the Senate disagree to the House amendment to 
the Senate amendment striking out the section 
relative to the land grant railroads, and ask a 
further conference. The motion was agreed to, 
and Mr. Harris, Mr. Howe, and Mr. Willey were 
appointed managers. The House agreed to a 
further conference, and the Speaker appointed 
Mr. Thayer, of Pennsylvania, Mr. Morris, of Ohio, 
and Mr. Kernan, of New-York, managers. 

Mr. Thayer reported to the House that the 
committee of conference could not agree, and lie 
moved that the House agree to the amendment 
of the Senate, striking out the proviso relating to 
land grant railroads, with an amendment referring 
the matter to the Supreme Court for adjudication. 
Mr. Morrill, of Vermont, moved that the House 
recede from its disagreement to the amendment 
of the Senate, and it was agreed to — yeas, sixty- 
three ; naj's, forty-seven. So the bill passed, and 
was approved by the President on the third of 
March, 1865. 

No. XC. — 'The Joint Resolution to encourage 
Enlistments ly making Free the Wives and 
Children of Colored Soldiers. 
On the thirteenth of December, 1864:, Mr. Wil- 
son, of Massachusetts, introduced into the Senate 
a joint resolution to encourage enlistments, and 
promote the efficiency of the military and naval 
forces, b}' making free the wives and children of 
persons who had been in, or might be mustered 



DOCUMENTS, 



87 



into, the service of the United States. The reso- 
lution was referred to the Committee on Military 
Affairs and was, on the fourteenth, reported back 
to the Senate, which, on motion of Mr. Wilson, 
proceeded to the consideration of the resolution. 
Mr. Davis, of Kentucky, moved its reference to 
the Judiciary Committee. Mr. Wilkinson, of 
Minnesota, hoped it would not be referred ; " the 
resolution ought to be passed immediately." Mr. 
Wilson hoped the resolution would not be refer- 
red to any committee. "The needs of the coun- 
try," he said, " more than justice or humanity, 
have weaponed the hand of the slave. Let us 
hasten the enactment of this beneficent measure, 
inspired by patriotism and hallowed by justice 
and humanity ; so that, ere merrj- Christmas 
shall come, the intelligence shall be flashed over 
the land, to cheer the hearts of the nation's de- 
fenders, and arouse the manhood of the bondman, 
that on the forehead of the soldier's wife and the 
soldier's child no man can write slave." Mr. Hen- 
dricks, of Indiana, was " not able to see how, un- 
der the Constitution of the United States, Con- 
gress can free the servant who is held to service 
by the laws of a State." Mr. Powell, of Ken- 
tucky thought the resolution was "palpably un- 
constitutional." 

On the twentieth, the Senate resumed the con- 
sideration of the resolution. Mr. Davis declared 
that " the great and principal effect of this reso- 
lution would be in Kentucky, and upon her peo- 
ple." 

The Senate, on the fifth of January, 18G5, re- 
sumed the consideration, the pending question 
being the motion of Mr. Davis to refer it to the 
Judiciary Committee. Mr. Wilson demanded 
the yeas and nays, and the}' were ordered. Mr. 
Doolittle " would vote to refer it to the Judi- 
ciary Committee." Mr. Saulsbury would "main- 
tain the doctrine that not only have j'ou not the 
power to decree the freedom of wives and child- 
ren of negroes who volunteer in your army, if 
they are from States where slaverj^ is recognized, 
but you cannot give permanent freedom to the 
negro volunteer if he be a slave." " All must 
confess," said Mr. Sumner, of Massachusetts, 
" the humanity of the proposition to enfranchise 
the families of colored persons who have borne 
arms for their country. There is no argument, 
whether of reason or of humanity, for the enfran- 
chisement of the soldier which does not plead 
equally for that of his family. Nay, more : I 
know not how we can expect a blessing on our 
arms while we fail to perform this duty." The 
question was then taken on the motion to refer, 
and it was lost — yeas, fifteen ; naj^s, nineteen. 

On the ninth, the Senate proceeded to the con- 
sideration of the resolution, and Mr. Saulsbury 
made an elaborate speech against its passage. 
Mr. Davis moved to amend the resolution so as 
to make its operation prospective. Mr. Clark, of 
New-Hampshire, hoped Mr. Davis's amendment 
" would not be agreed to, and that we shall not 
only set free the wives and children of soldiers 
who may hereafter be enlisted, but the wives 
and children of those who have already gone into 



the service of the country." " This is the first 
time," said Mr. Davis, " I have ever ventured to 
utter a voice in the name of humanity in the Sen- 
ate ; but in the name of humanity— humanity to 
a degraded and helpless race of beings who are 
unable to support themselves — I protest that 
they shall not be deprived of the support which 
their masters and owners are bound by the laws to 
afford to them, and that they shall not be thrown 
helpless upon the world, without any means of 
supporting themselves." "I have noticed," said 
Mr. Pomeroy, of Kansas, "that men who are argu- 
ing in the interest of slavery always resist eman- 
cipation until the very last moment ; and then, 
when the moment comes, they say it would be a 
great relief to the owners of this property to get 
rid of it; that it cannot take care of itself, and 
humanity comes in and pleads that some appro- 
priation may be made to support this class of in- 
dividuals, who are so helpless, and so inefficient, 
and so worthless. These people have a wonder- 
ful fjicility for taking care of themselves, and 
adapting themselves to any condition." 

Mr. Wade, of Ohio, followed in an earnest and 
effective speech in favor of the immediate passage 
of the measure. Mr. Johnson, of Maryland, 
could not vote for the resolution, because he was 
fully under the impression that Congress had no 
authority to pass it. Mr. Wilson said that Mr. 
Davis, when he declared that we should turn 
poor wives and children out on the world with- 
out support, " forgets that we clothe and feed 
the husband and father, and pay him sixteen 
dollars a month, and with that pay he can sup- 
port his wife and his children. Make them free, 
and not only will his wages go to their support, 
but the labor of their own hands will go to their 
support." The amendment moved by Mr. Davis 
was then rejected, without a count. Mr. Powell 
then moved : " That no slave shall be emanci- 
pated by virtue of this resolution, until the own- 
er of the slave or slaves so emancipated shall be 
paid a just compensation." Mr. Powell then ad- 
dressed the Senate in Aivor of this amendment, 
and in opposition to the passage of the resolu- 
tion in any form. He closed his speech by de- 
manding the yeas and nays on his amendment, 
and they were ordered, and, being taken, re- 
sulted — -j^eas, seven ; nays, thirty. Mr. Sauls- 
bury tlien moved to amend the resolution by 
adding that its provisions " shall not apply to or 
be operative in an}'' State that has not assumed 
to secede from the Union ;!' but this amendment 
was rejected. The question on the passage of 
the resolution was then taken — yeas, twenty- 
seven ; nays, ten ; so the joint resolution to 
make free the wives and children of colored sol- 
diers received the sanction of the Senate of the 
United States. 

In the House of Representatives, the resolu- 
tion was referred to the Committee on the Judi- 
ciary. On the twenty-second of February, Mr. 
AVilson, of Iowa, reported it without amendment. 
" Does the gentleman believe," inquired Mr. Mal- 
lory, of Kentuck}'', " that Congress has the con- 
stitutional power to pass such a law ?" " I have 



88 



REBELLION RECORD, 1864. 



always believed," replied Mr. "Wilson, " that the 
Congress of the United States, in time of war, 
when it was necessary to make our population 
most effective for the purposes of war, has the 
power ; and has the power to liberate slaves by 
congressional enactment." Mr. Harris, of Mary- 
land, was fully convinced that this measure was 
presented and pressed, not to get soldiers ; but 
'' it is for the purpose, and that only, of interfer- 
ing with and abolishing the institution called 
slavery." JMr. Wilson would tell the gentleman 
the purpose of this act. " To-day, in the fore- 
ft'ontof your army, are thousands of colored men 
risking every thing for the salvation of this re- 
public. And, sir, this republic cannot afford to 
disgrace itself in the eyes of the civilized world 
by sending these men out to fight its battles, 
and chaining at home their wives and children 
in that bondage which is worse than death. It 
would be a disgrace never to be wiped from the 
face of this nation if we should permit this wrong 
to continue." Mr. Harris moved that the resolu- 



tion be laid on the table — yeas, sixty-six ; nays, 
seventy-seven. The question was taken, and it 
was decided in the affirmative — yeas, seventy- 
four; nays, sixty-three. So the joint resolution 
making free the wives and children of colored 
soldiers passed, and received, on the third of 
March, 1865, the approval of the President. 

Some months afterward, General Palmer, com- 
manding the department of Kentucky, said in a 
public report, that seventy thousand women and 
children had been made free by the passage of 
this resolution. 

No. XCI. — Military Confirmations in the Senate. 
During the rebellion, the Thirty-seventh and 
Thirty-eighth Congresses acted upon ten thou- 
sand eight hundred and ninety-one military nom- 
inations, ranging from second lieutenants up to 
Lieutenant-General Grant. These nominations 
imposed upon the Committee on Military Affairs 
vast labors, and required much time and atten- 
tion of the Senate. 



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